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2025 DAILYLAW 78073 (KAR)

K. M. YASHWANTH v. ASSISTANT COMMISSIONER

WP/29884/2025 · 2025-11-19

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47856 WP No. 29884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29884 OF 2025 (GM-POLICE) BETWEEN: 1. K. M. YASHWANTH AGED ABOUT 24 YEARS S/O K C MALLIKARJUNA SWAMY TERU BEEDHI, KENKERE HULIYAR HOBLI CHIKKANAYAKANAHALLI TALUK TUMAKURU DISTRICT-572218 …PETITIONER (BY SRI. VINAYA KEERTHY M., ADVOCATE) AND: 1. ASSISTANT COMMISSIONER TIPTUR SUB DIVISION TIPTUR 572226. 2. SUB INSPECTOR OF POLICE HULIYAR POLICE STATION HULIYAR CHIKKANAYAKANAHALLI TALUK TUMAKURU DISTRICT-572101 …RESPONDENTS (BY SRI.B RAVINDRANATH, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE CONDITION NOS. 1 AND 2 OF THE IMPUGNED ORDER NO. MAG.CR/29/2025-26 DATED:14.07.2025 PASSED BY THE FIRST RESPONDENT (ANNEXURE-E) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47856 WP No. 29884 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs; (a) Issue a writ of certiorari setting aside the Condition Nos. 1 & 2 of the impugned order No. MAG.CR/29/2025-26 Dt. 14.07.2025 passed by the first Respondent (Annexure-E); (b) Issue a writ of certiorari setting aside the impugned endorsement No. MAG.CR/29/2025- 26 Dt. 20.08.2025 passed by the first Respondent (Annexure-F); (c) Pass such other relief/s as this Hon'ble Court deems fit & proper in the interest of justice & equity. 2. The Petitioner claims to be an agriculturist carrying out agricultural activity in Sy.Nos.14/2 and 3/6 of Kenkere Village, Huliyar Hobli, Chikkanayakanahalli Taluk. There being proceedings which have been initiated against the Petitioner under the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020 (hereinafter referred to as 'the Act, 2020' for short), the vehicle of the Petitioner and the cattle were seized by the Respondents under - 3 - HC-KAR NC: 2025:KHC:47856 WP No. 29884 of 2025 order dated 14.07.2025. When the Petitioner sought for the release of the vehicle, the Respondents called upon the Petitioner to furnish a bank guarantee for a sum of Rs. 3,20,000/-. 3. The Petitioner is before this Court seeking limited relief insofar as the release of the vehicle is concerned, he submits that instead of the bank guarantee, the Petitioner is willing to offer his property as security for the release of the said vehicle, as well as to provide personal indemnity in respect thereof; insofar as the release of the cattle is concerned, he seeks liberty to approach the Appellate Authority under Section 10 of the Act, 2020. 4. The Petitioner is willing to provide security in the form of immovable property. I am of the considered opinion that the said offer made by the Petitioner could be accepted, and the vehicle should be released to the Petitioner. The personal indemnity also being offered by the Petitioner would stand in - 4 - HC-KAR NC: 2025:KHC:47856 WP No. 29884 of 2025 good stead for the Respondents if there is any violation by the Petitioner. 5. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. A certiorari is issued. Condition Nos. 1 and 2 of the impugned order No. MAG.CR/29/2025-26 dated 14.07.2025, passed by Respondent No.1 at Annexure -E, is hereby quashed/set aside. ii. The Respondents are directed to release the seized vehicle upon receiving the original documents relating to the property said to be owned by the Petitioner as security for such release. iii. The submission of learned counsel for the Petitioner is that the original documents will be furnished by 10 days from now, and once the original documents are provided, the - 5 - HC-KAR NC: 2025:KHC:47856 WP No. 29884 of 2025 Respondents shall release the vehicle within 7 days thereafter. iv. Liberty is reserved for the Petitioner to approach the Appellate Authority under Section 10 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, insofar as the release of cattle is concerned. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY LIST NO.: 1 SL NO.: 43