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2026 DAILYLAW 10005 (KAR)

MOHAMMED MIZAN v. THE STATE OF KARNATAKA

CRL.P/16410/2025 · 2026-02-24

Shivashankar Amarannavar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:11514 CRL.P No. 16410 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16410 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MOHAMMED MIZAN S/O ANEES PASHA AGED ABOUT 26 YEARS No. 48, 8TH MAIN, 3RD STAGE PILLANNA GARDEN, KG HALLI BENGALURU – 560 045. 2. MOHAMMED ISAQ S/O ARIFULLA AGED ABOUT 28 YEARS No. 3 FLAT No.06, 3RD FLOOR ASTER CLERKI MANAR A RICHARDS TOWN BENGALURU – 560 005. …PETITIONERS (BY SRI SYED KHALEEL PASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPT. BY PULIKESHINAGAR POLICE STATION BANGALORE. REPT. BY THE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SRI MOHD. AYUB ALI, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11514 CRL.P No. 16410 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.No.191/2025 OF PULIKESHINAGAR P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 4,7,12, OF THE KARNATAKA PREVENTION OF SLAUGHTER AND PRESERVATION OF CATTLE ACT, 2020. 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 petitioners –accused Nos.1 and 2 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.191/2025 of Pulakeshi Nagar Police Station registered for offences punishable under Sections 4, 7, 12 of Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State 3. Learned counsel for the petitioner would contend that the allegation against the petitioners is that they stored three cows in the apartment having purchased them for slaughtering. Petitioners were not present on the spot at that - 3 - HC-KAR NC: 2026:KHC:11514 CRL.P No. 16410 of 2025 time. The petitioners are nowhere concerned with the said cattle. There is no seizer mahazar at the time of seizing the said cattle. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners are ready to cooperate with investigating Officer in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of petitioners. With this, he prays to allow the petition. 4. Per contra, Additional SPP for the respondent – State would contend that three cows were found in the premises belonging to petitioners and they have been seized. It is alleged that the petitioners have stored the said cows for having purchased them for slaughtering. The petitioners are required for custodial interrogation. With this, he prays to reject the petition. 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2026:KHC:11514 CRL.P No. 16410 of 2025 6. On perusal of the first information, there is mention that the petitioners –accused Nos.1 and 2 were present on the spot wherein in their house/apartment they have stored 03 cows during Bakrid festival for the purpose of slaughtering for having brought them after purchasing. In the said first information, it is stated that the first informant by securing ASI and police constable took the said two accused persons along with three cows to the police station and produced them. The said two persons who are petitioners herein have not been arrested and they might have been left free. As per learned counsel for petitioners, the petitioners were not present on the spot at the time of the incident. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. Whether the petitioners have committed offences alleged is matter of investigation and trial. There are no criminal antecedents of the petitioners. Considering the above assets, the petitioners have made out case for grant of anticipatory bail with conditions. - 5 - HC-KAR NC: 2026:KHC:11514 CRL.P No. 16410 of 2025 7. In the result, the following ORDER i) The petition is allowed. ii) Petitioners –accused Nos.1 and 2 are ordered to be released on bail in the event of their arrest in Crime No.191/2025 of Pulakeshi Nagar Police Station subject to following conditions. a) Petitioners –accused Nos.1 and 2 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for the sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. b) Petitioners –accused Nos.1 and 2 shall co- operate with the Investigating Officer in investigation and appear before the Investigating Officer whenever called for. - 6 - HC-KAR NC: 2026:KHC:11514 CRL.P No. 16410 of 2025 c) Petitioners –accused Nos.1 and 2 shall not directly or indirectly make an inducement, 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. d) Petitioners –accused Nos.1 and 2 shall appear before the Investigating Officer on every Sunday between 10 a.m. and 02 p.m. for a period of one month or till filing of the final report whichever is earlier. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 13 Ct.sm