- 1 - HC-KAR NC: 2026:KHC:14197 CRL.P No. 370 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 370 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: AREEF AGED ABOUT 26 YEARS S/O ABDUL RAHIMAN, R/AT SUVARNA NAGAR, MOODIBIDRE TALUK, DAKSHINA KANNADA – 574 227. …PETITIONER (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA.,ADVOCATE) AND: THE STATE REPRESENTED BY THE STATION HOUSE OFFICER, BELTHANGADY POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, DISTRICT AND SESSIONS JUDGE, MANGALORE – 575 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14197 CRL.P No. 370 of 2026 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO PASS AN ORDER OF ENLARGING THE PETITIONER ON BAIL IN CONNECTION WITH CRIME NO.87/2025, PERTAINING TO BELTHANGADY POLICE STATION FOR OFFENSE PUNISHABLE UNDER SECTION 303(2), 110, 132, 342(2) R/W SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023, SECTION 5, 7 AND 12 KARNATAKA PREVENTION OF SLAUGHTER OF CATTLE ACT 2020 AND SECTION 11(D) PREVENTION OF CRUELTY TO ANIMALS ACT 1960 AND SECTION 119 AND 177 OF MOTOR VEHICLES ACT, 1988, NOW PENDING IN S.C. NO. 147/2025 ON THE FILE OF HONOURABLE COURT OF 3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE AT D.K., MANGALORE.THE III ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:14197 CRL.P No. 370 of 2026 ORAL ORDER 1. This petition is filed by the petitioner who is arrayed as accused No.3 in Crime No.0087/2025 filed by the respondent – Police for the offences punishable under Section 115(2) and 345(3) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS) and under Section 119 and 177 of Indian Motor Vehicles Act, 1988 (for short IMV Act) and under Section 11(D) of Prevention of Cruelty to Animals Act, 1960 (for short PCA Act) and under Section 4,5 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020 (for short KPSPC Act) and under Section 110, 132 read with 3(5) and 281 of the Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case of the prosecution is that on 12.08.2025 in the night, it is alleged that the Innova Car bearing registration NO.KA-19-MP-2084 was coming near Charmadi Ghat check post. CW-8 and 9 who were working in he said check post asked the driver of the - 4 - HC-KAR NC: 2026:KHC:14197 CRL.P No. 370 of 2026 vehicle to stop the said vehicle, however, the driver of the vehicle did not stop the vehicle and proceeded towards Bantwala. The vehicle even did not stop at Ujire junction also. However, the said vehicle has dashed to the auto bearing registration No.KA-70-5232. At that time, CW-2 tried to stop the said vehicle, in the meantime, CW-2 was pushed aside. Consequently, he had sustained injuries. Therefore, accused Nos.1 and 2 fled away from the spot. 3. On enquiry, they came to know that the accused persons had fabricated the registration number of the vehicle with an intention to transport the cattle. Therefore, a case came to be registered against accused Nos.1 to 3. After registering a case, the respondent – Police conducted investigation and submitted the charge- sheet. 4. Heard Sri. Dilraj Jude Rohit Sequeira, learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent. - 5 - HC-KAR NC: 2026:KHC:14197 CRL.P No. 370 of 2026 5. Learned counsel for the petitioner submitted that the averments of the complaint would indicate that unknown persons have committed offences as mentioned in the F.I.R. However, the Police have named accused Nos.1 to 3 in the said F.I.R without any valid information, that itself shows that the petitioner herein had been falsely implicated in this case. 6. It is further submitted that the petitioner herein is arrayed as accused No.3 and he was assaulted by the public and he was hospitalized. After obtaining treatment at Belthangady, he was arrested. It is further submitted that the allegations made against the petitioner is baseless and bald. In fact, the cattle were not being transported in the said Innova Car. A false case has been registered on account of the quarrel between the Police and the petitioner. No criminal antecedents against the petitioner. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. He will abide the conditions imposed by this Court in the event of his - 6 - HC-KAR NC: 2026:KHC:14197 CRL.P No. 370 of 2026 release on bail. Making such submissions learned counsel for the petitioner prays to allow the petition. 7. Per Contra, learned High Court Government Pleader for respondent – State vehemently submitted that the petitioner is having a criminal antecedants. If, the petitioner is released on bail there may be chances of committing similar offences. The manner in which the petitioner was transporting the cattle would indicate the mental status of the present petitioner. Under Hindu Law, cows are being worshipped as God. However, The petitioner was transporting the cattle inhumanly and caused disrespect to the Sentiments of Hindus. Therefore, it is appropriate to reject the petition in order to regulate the further offences. Making such submissions learned High Court Government Pleader for respondent - State prays to reject the petition. 8. Having heard learned counsel for the respective parties and on perusal of the averments of the charge- sheet, it would indicate that the petitioner being a owner - 7 - HC-KAR NC: 2026:KHC:14197 CRL.P No. 370 of 2026 of the Innova Car had fabricated the registration number of the said car and he was transporting the cattle along with other two accused persons in cruel manner. Hence, he was caught red handed by the authority and he was assaulted by the public and thereafter he was shifted to hospital for treatment. 9. Be that as it may, the offences alleged against the petitioner is neither punishable with death nor imprisonment for life. Hence, he may be enlarged on bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 10. Accordingly, I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.0087/2025 filed by the respondent – Police for the offences stated supra, - 8 - HC-KAR NC: 2026:KHC:14197 CRL.P No. 370 of 2026 on executing a personal bond for a sum of Rs.1,00,000/- with one (01) surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not commit any similar offence till disposal of the present case. iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail. vi. The petitioner shall not tamper the prosecution witnesses. In case, if, the petitioner violates any bail conditions stated above, liberty is reserved to the prosecution to take appropriate steps for cancellation of the bail. Sd/- (S RACHAIAH) JUDGE NM