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2025 DAILYLAW 82782 (KAR)

BIPIN POULOSE v. THE STATE OF KARNATAKA

WP/31935/2025 · 2025-11-17

D K Singh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46996 WP No. 31935 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 31935 OF 2025 (GM-RES) BETWEEN: 1. BIPIN POULOSE S/O POULOSE AGE ABOUT 39 YEARS R/A NO KUPPAMADATHI HOUSE KUMBALHERI POST AMBALAVAYUAL VILLAGE SULTANBATHERIL, WYNAD KERALA 673591 …PETITIONER (BY SRI. AMARANATHAN A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT VIKASA SOUDHA, DR AMBEDKAR BEEDI BANGALORE 560001 REP BY PRINCIPAL SECRETARY 2. THASHILDAR AND TALUK EXECUTIVE MAGISTRATE SULLIA TALUK DAKSHINA KANNADA 575001 3. SRI.SANTHOSH B P POLICE SUB-INSPECTOR, SULLIA POLICE STATION, SULLIA TALUK, DAKSHIN KANNADA DISTRICT-575001. …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R1 TO R3) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46996 WP No. 31935 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE 2ND RESPONDENT HON'BLE THASILDAR AND TALUK EXECUTIVE MAGISTRATE SULLA TALUK D.K DISTRICT IRI PRA. S.-MCC/CR/64/25-26 DATED 04.10.2025 AS PER ANNEXURE-E, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER This writ petition has been filed by the petitioner, who is an accused in C.C.No.439/2024 under Sections 5 and 6 of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 2020, and under Section 11(1) (D) of Prevention of Cruelty to Animals Act, 1960, before the learned Senior Civil Judge and JMFC, at Sullia, D.K. The petitioner is on bail in the aforesaid crime. 2. The petitioner had filed a Criminal Petition under Section 482 of Cr.P.C. impugning the FIR which was registered in Crime No.439/2024. However, the said writ petition came to be dismissed vide order dated 15.09.2025 - 3 - HC-KAR NC: 2025:KHC:46996 WP No. 31935 of 2025 by this Court, on the ground that this is a fit case, where the trial should take place regarding the guilt or otherwise of the petitioner. 3. The Tahsildar has issued a notice to the petitioner on 04.10.2025 under Section 130 of BNSS Act, 2023 calling upon the petitioner to appear before him on 05.11.2025 at 3.30 p.m. as per Sections 126 and 130 of the BNSS Act, 2023. 4. The said notice dated 04.10.2025 is subject matter of challenge before this Court. 5. Learned counsel for the petitioner submits that petitioner is on bail and is complying with the bail conditions, and in view thereof, the impugned notice dated 04.10.2025 issued by Tahsildar under Section 130 of BNSS Act, is unsustainable. 6. The petitioner has been issued only notice. I am of the view that the petitioner should go and file reply to the - 4 - HC-KAR NC: 2025:KHC:46996 WP No. 31935 of 2025 said notice. The notice otherwise, is only regarding filing the bond for maintaining the peace in the locality. 7. Therefore, this Court is of the opinion that no interference is called for. However, petitioner is granted ten days time to file his reply to the impugned notice dated 04.10.2025 and the Tahsildar after considering the reply may not ask the petitioner to submit the bond or that the petitioner may submit/furnish the bond, it is for the Tahsildar to decide the issue in accordance with law. With the above, the writ petition is disposed of. Sd/- (D K SINGH) JUDGE NG List No.: 38 Sl No.: 67