Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28003 CRL.P No. 9468 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9468 OF 2025 BETWEEN:
AKMAL PASHA S/O LATE ABDUL AZIZ AGED ABOUT 45 YEARS R/AT HOLALAGODU VILLAGE ALADAHALLI, ARAKALAGODU TALUK HASSAN DISTRICT - 573 102. …PETITIONER (BY SRI MANJUNATH M.R, ADV.) AND:
THE STATE OF KARNATAKA BY SHANIVARASANTHE P.S., KODAGU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON AN ANTICIPATORY BAIL AND TO DIRECT THE STATION HOUSE OFFICER OF SHANIVARASANTHE P.S, KODAGU DISTRICT TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.85/2025, REGISTERED FOR AN O/P/US/ 11 OF PREVENTION OF CRUELTY TO ANIMALS ACT, U/S 4,5,7 AND 12 OF KARNATAKA PREVENTION OF COW SLAUGHTER AND PREVENTION OF CATTLE ACT 2020 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC SOMWARPETE AT KODAGU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:28003 CRL.P No. 9468 of 2025
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.1 in Crime No.85/2025 registered by Shanivarasanthe Police Station, Kodagu District, for the offences punishable under Sections 4, 5, 7, 12 of Karnataka Prevention of Cow Slaughter & Cattle Prevention Act, 2020, and Section 11 of Prevention of Cruelty to Animals Act, 1960, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.85/2025 was registered by Shanivarasanthe Police Station, Kodagu District, for the aforesaid offences against the petitioner and two others based on the first information dated 30.05.2025 received from Krishnaraju - Police Officer attached to Shanivarasanthe Police Station. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.256/2025 before the jurisdictional Sessions Court, which was rejected on 13.06.2025. Therefore, he is before this Court. - 3 -
HC-KAR NC: 2025:KHC:28003 CRL.P No. 9468 of 2025
4.
Perusal of the first information would go to show that on 30.05.2025 at about 4.00 a.m., vehicle bearing registration No.KA-21-B-2794 was intercepted and it was found that the persons who were traveling in the said vehicle were transporting cattle in the vehicle. The inmates of the aforesaid vehicle informed their name as Irfan and Chandra who are now arrayed as accused nos.2 & 3 in the FIR. According to the prosecution, accused nos.2 & 3 were transporting the cattle in the vehicle at the instance of the petitioner. It is under these circumstances, FIR was registered against the petitioner and two others. Accused nos.2 & 3 who were arrested in the present case have been enlarged on bail by the Trial Court. Undisputedly, petitioner has no criminal antecedents. The maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioner has been arrayed as accused solely based on the statement made by accused nos.2 & 3 who were arrested in the present case. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order:
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HC-KAR NC: 2025:KHC:28003 CRL.P No. 9468 of 2025
5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.85/2025 registered by Shanivarasanthe Police Station, Kodagu District, for the offences punishable under Sections 4, 5, 7, 12 of Karnataka Prevention of Cow Slaughter & Cattle Prevention Act, 2020, and Section 11 of Prevention of Cruelty to Animals Act, 1960, subject to the following conditions:
1.
The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 5 -
HC-KAR NC: 2025:KHC:28003 CRL.P No. 9468 of 2025
4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE
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