- 1 - HC-KAR NC: 2025:KHC-D:9551 CRL.P No. 103581 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103581 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: APTAB NABISAB HULLIKERI S/O NABISAB, AGE: 31 YEARS, OCC: LABORER, R/O: KERUR NAVANAGAR, TQ: BADAMI, DIST: BAGALAKOTE-587 201. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH BADAMI PS BAGALAKOTE), REP. BY ITS SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580 001. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT FIR, AND CHARGE SHEET IN CRIME NO.97/2023 REGISTERED BEFORE BADAMI P.S. BAGALAKOTE DISTRICT PENDING BEFORE SENIOR CIVIL JUDGE AND JMFC BADAMI IN C.C. NO.69/2023 FOR AN OFFENCE PUNISHABLE UNDER SECTION PREVENTION OF CRUELTY TO ANIMALS ACT 1960, 11, (1), (A), AND THE KARNATAKA PREVENTIONS OF SLAUGHTER AND PRESERVATION OF CATTLES ACT 2020, 4, 7, 12 BY ALLOWING THE CRIMINAL PETITION IN SO FAR PETITIONER/ACCUSED NO.7 IS CONCERNED, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9551 CRL.P No. 103581 of 2023 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.7 in C.C.No.69 of 2023 pending before the Court of Senior Civil Judge and JMFC, Badami, arising out of Crime No.97 of 2023 registered by Badami Police Station, Bagalkot district, for offences punishable under Section 11(1)(A) of the Prevention of Cruelty to Animals Act, 1960 and Sections 4, 7 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings as against him in the aforesaid case. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that the petitioner has been arrayed as accused in the present case solely based on the confession statement of the co- accused and except the confession statement of the co- accused there is no material to connect the petitioner to the crime. Therefore the proceedings cannot be sustained. In support of his argument, he has placed reliance on the - 3 - HC-KAR NC: 2025:KHC-D:9551 CRL.P No. 103581 of 2023 order passed by the Co-ordinate Bench of this Court in Criminal Petition No.8253 of 2021. 4. Per contra, learned HCGP has opposed the petition. She submits that the presence of the petitioner at the spot of crime is found in the FIR itself. In addition to the accused named in the FIR, there were other persons found at the spot, who had managed to escape. She accordingly prays to dismiss the petition. 5. First information was submitted in the present case, by Ningappa Pujeri, Police Officer attached to Badami Police Station. In the first information, he has stated that on 29.06.2023 at about 03.00 p.m., when he was on patrolling duty, he received credible information that certain persons were illegally slaughtered cows, and transporting the meat. It is under the circumstances, on receipt of such information, the first informant along with his staff, had raided the alleged spot and found that certain people were packing the meat in plastic bags for - 4 - HC-KAR NC: 2025:KHC-D:9551 CRL.P No. 103581 of 2023 the purpose of transportation and some of them were slaughtering the cows. 6. The police managed to apprehend one person, who revealed his name as Mohammad Ajruddin, who is arrayed as accused No.1 in the FIR. He also revealed the name of other 5 persons who were along with him, who are arrayed as accused Nos.2 to 6 in the FIR. It is mentioned in the FIR that accused No.1 had stated that he was not aware of the name of the other persons who had managed to escape. It is under these circumstances, the FIR was registered against the 6 named persons. Subsequently the other accused persons who were named in the FIR were also arrested and based on their confession statement petitioner was also arrested on 30.06.2023 and after completing investigation charge sheet has been filed against 11 persons. 7. Perusal of the charge sheet allegations would go to show that allegations against all the accused persons are similar. It is alleged in the charge sheet that the - 5 - HC-KAR NC: 2025:KHC-D:9551 CRL.P No. 103581 of 2023 accused persons had illegally slaughtered 7 bullocks and 2 cows and had stored 724.2 kgs of meat in 34 Bags and were making attempts to transport the same. 8. From the aforesaid, it is apparent that petitioner has not been arrayed as co-accused solely based on the confession statement of the accused in the present case. Therefore, the order passed by the Co- ordinate Bench of this Court in Criminal Petition No. 8253 of 2021 cannot be made applicable to facts and circumstances of the present case. Under the circumstances, I do not find any good ground to entertain this petition. Accordingly, the petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 47