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2025 DAILYLAW 69806 (KAR)

ARUN CHANDRAPPA JAVALLI v. STATE OF KARNATAKA

CRL.P/14001/2025 · 2025-11-21

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48134 CRL.P No. 14001 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14001 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. ARUN CHANDRAPPA JAVALLI S/O. CHANDRAPPA AGED ABOUT 33 YEARS R/O. MADLUR, HIREKERUR HAVERI DISTRICT - 581 120. …PETITIONER (BY SRI SANDESH SHETTY T, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE SHANKARANARAYANA POLICE STATION KUNDAPURA TALUK UDUPI DISTRICT - 576 201. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.No.77/2025 ON THE FILE OF PRL.CIVIL JUDGE AND J.M.F.C KUNDAPURA, UDUPI DISTRICT FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 303(2) OF BNS 2023 AND SEC.4,5,7,12 OF THE KARNATAKA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48134 CRL.P No. 14001 of 2025 PREVENTION OF COW SLAUGHTER AND CATTLE PREVENTION ACT, 2020 AND SEC.11(1)(D) OF THE PREVENTION OF CRUELTY TO ANIMAL ACT 1960, AND SEC.66,192(A) OF INDIAN MOTOR VEHICLES ACT 1988. 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 -accused No.4 under Section 482 of BNSS praying to grant anticipatory bail in respect of Crime No.77/2025 of Shankarnarayan Police Station registered for offences punishable under Section 303(2) of BNS, Section 4,5, 7 and 12 of the Karnataka Prevention of Cow Slaughter and Cattle Prevention Act, 2020, Section 11(1)(D) of Prevention of Cruelty to Animals Act, 1960 and Sections 66, 192(A) of Indian Motor Vehicles Act, 1988. 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent -State. - 3 - HC-KAR NC: 2025:KHC:48134 CRL.P No. 14001 of 2025 3. Learned counsel for the petitioner would contend that the petitioner has purchased 08 cattles on 21.08.2025 from APMC and he was transporting them in his vehicle which was caught by the PSI, Shankarnarayan Police Station wherein accused Nos.1 to 3 were found in the vehicle. He further submits that there is no theft of any cattle as this petitioner has purchased the said cattle and he was transporting them in his vehicle for sale in Mangalore. It is alleged that the petitioner is ready to co- operate with the police in the investigation. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of this petitioner. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that accused No.1 is the brother of this petitioner and in his voluntary statement he has admitted that he conspired with other accused for sale of cattle at Mangalore and were transporting the cattle. - 4 - HC-KAR NC: 2025:KHC:48134 CRL.P No. 14001 of 2025 The petitioner is the owner of the vehicle. The petitioner is required for interrogation. With this, she prayed to reject the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. The accused Nos.1 to 3 were caught by the PSI, Shankarnarayan Police Station when they were transporting 08 cattle in goods vehicle bearing registration No.KA-68-6605. The allegation is that they were transporting the said cattle and they were stolen cattle and were transporting them for sale to the slaughterhouse. In the complaint, it is stated that the accused Nos.1 to 3 were instructed to do so by this petitioner. The petitioner has been arrayed as accused No.4 in the FIR. A copy of receipt dated 21.08.2025 issued by A.P.M.C., Haveri indicate that the petitioner has purchased 08 cattles on 21.08.2025. He was transporting them in his vehicles. Copy of RC particulars produced - 5 - HC-KAR NC: 2025:KHC:48134 CRL.P No. 14001 of 2025 indicates that the vehicle in which the cattles were transported is of the ownership of this petitioner. Whether cattles found by the police were stolen or not is a matter of investigation. The petitioner has undertaken to co- operate with the police in the investigation and abide by any terms and conditions to be imposed by this Court. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.77/2025 of Shankarnarayan police Station subject to following conditions. - 6 - HC-KAR NC: 2025:KHC:48134 CRL.P No. 14001 of 2025 a) The petitioner –accused No.4 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. b) The petitioner –accused No.4 shall co-operate with the Investigating Officer in the investigation. c) The petitioner –accused No.4 shall appear before the Investigating Officer whenever called for. d) The petitioner –accused No.4 shall not directly or indirectly make an inducement or threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 31 Ct.sm