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2025 DAILYLAW 58050 (KAR)

SHAIK KALEEM, v. STATE OF KARNATAKA BY KORATAGERE POLICE STATION

CRL.P/14041/2025 · 2025-11-18

Shivashankar Amarannavar

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47218 CRL.P No. 14041 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14041 OF 2025 BETWEEN: 1. SHAIK KALEEM, S/O B.A.SATTAR, AGED ABOUT 54 YEARS, R/AT 5-160, KATTA KINDA, MADAKASIRA TOWN, SRI SATYA SAI DISTRICT., ANANTPUR, ANDRA PRADESH - 515 301 …PETITIONER (BY SRI. UDAYA PRAKASH M, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KORATAGERE POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA HIGH COURT BUILDING, BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CONNECTION WITH CRIME NO.179/2025 REGISTERED BY THE KORATAGERE POLICE STATION, TUMAKURU DISTRICT, FOR OFFENCE P/U/S 281, 325 OF THE BNS 2023 AND SEC.4,5,7,12 OF KARNATAKA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47218 CRL.P No. 14041 of 2025 PREVENTION OF COW SLAUGHTER AND CATTLE PREVENTION ACT 2020 AND SEC.192 OF THE INDIAN MOTOR VEHICLES ACT, 1988 PENDING ON THE FILE OF THE COURT OF CIVIL JUDGE AND JMFC COURT KORATAGERE TUMAKURU DISTRICT AND DIRECT THE RESPONDENT TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.179/2025 of Koratagere Police Station, Tumakuru District, registered for offences punishable under Sections 281 and 325 of Bharatiya Nyaya Sanhita, 2023, Sections 4, 5, 7 and 12 of the Karnataka Prevention of Cow Slaughter and Cattle Prevention Act, 2020 and Section 192 of the Indian Motor Vehicles Act, 1988. - 3 - HC-KAR NC: 2025:KHC:47218 CRL.P No. 14041 of 2025 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that the name of this petitioner is not mentioned in the FIR/complaint. The petitioner is running a mutton shop at Tumakuru. The petitioner has received a notice from the Investigating Officer to appear before him for investigation and therefore, he apprehends his arrest. The petitioner is neither driver nor owner of the vehicle in which the cow meat was found. The owner and driver of the vehicle have been granted bail. The petitioner is ready to co-operate with the police in the investigation and abide by the conditions to be imposed by this Court. The petitioner is suffering from cancer and is undergoing treatment. With these, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that based on the statement of the driver of the vehicle, the - 4 - HC-KAR NC: 2025:KHC:47218 CRL.P No. 14041 of 2025 petitioner was issued with a notice to appear for investigation. The petitioner is running a mutton shop at Tumakuru. The investigation is in progress. The petitioner is required for interrogation. With these, she prayed for rejection of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. A vehicle bearing registration number AP-39- UK-3285 was found contained cow meat. The driver and owner of the said vehicle were not on the spot. The driver of the said vehicle has been secured and his statement has been recorded. He gave voluntary statement. Based on the said statement of the driver, notice has been issued to the petitioner to appear for investigation. The petitioner is running a mutton shop at Tumakuru. The petitioner is ready to co-operate with Investigating Officer in investigation and abide by the conditions to be imposed by - 5 - HC-KAR NC: 2025:KHC:47218 CRL.P No. 14041 of 2025 this Court. There are no criminal antecedents of the petitioner. The offences alleged against the petitioner are not punishable either with a death or imprisonment for life. The petitioner is stated to be suffering from cancer and is under treatment. 7. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is is ordered to be released on bail in the event of his arrest in Crime No.179/2025 of Koratagere Police Station and subject to following conditions: i) The petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer. - 6 - HC-KAR NC: 2025:KHC:47218 CRL.P No. 14041 of 2025 ii) The petitioner shall co-operate with the Investigating Officer in the investigation. iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. iv) The petitioner shall appear before the Investigating Officer whenever called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PSJ List No.: 1 Sl No.: 5 CT-SG