Mohammed Umar vs State By Doddaballapur Rural P.S
2022 Latest Caselaw 11601 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF SEPTEMBER, 2022

                          BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

           CRIMINAL PETITION NO.7881 OF 2022
BETWEEN

MOHAMMED UMAR
S/O MOHAMMED RIYAZ
AGED ABOUT 38 YEARS
R/A 4, IST MAKKA MASJID
B M LAYOUT
VENKATESHPURAM
ARABI COLLEGE ROAD
BENGALURU-560 045                      ... PETITIONER

(BY SRI.SYED ABRAR, ADV. FOR
    SRI/ ABDULLA KHAN, ADV.)

AND

STATE BY DODDABALLAPUR RURAL P.S.
DODDABALLAPURA, BENGALURU
RURAL-561 203, REP. BY ITS SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001                    ... RESPONDENT

(BY SRI R. D. RENUKARADHYA, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.155/2022 OF DODDABALLAPURA RURAL P.S.,
BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER
SECTION 429 OF IPC AND SEC.4, 5, 7, 11, 12 THE KARNATAKA
CATTLE SLAUGHTER PREVENTION OF PROTECTION ACT,
PENDING BEFORE THE CIVIL JUDGE AND J.M.F.C AT
DODDABALLAPURA.
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      THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

This petition is filed by the petitioner-accused under

Section 438 of Cr.P.C. for granting anticipatory bail in

Crime No.155/2022 registered by the Doddaballapura

Rural Police Station, Bengaluru for the offences punishable

under Section 429 of IPC and Sections 4, 5, 7, 11 and 12

of the Karnataka Prevention of Slaughter and

Preservations of Cattle Act, 2020 (for short 'Act').

2. Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for

the respondent-State.

3. The case of the prosecution is that the suo

motu complaint registered by one B.S.Sathish, Police

Inspector, Doddaballapura Rural Police alleging that on

23.06.2021 at about 10.00 a.m., when he was in petrolling

duty along with his colleagues at 12 noon, while he was

going from Acharlahalli road side, they found the Mahindra

Bolero pick up vehicle bearing registration No.KA-40-A-

8240 was coming. After seeing the Police jeep, the driver

of the said vehicle left the vehicle and ran away from the

spot. On suspicion, the Police went near the vehicle, they

found 1100 kgs of cattle meat of which was seized under

the panchanama. Later they took the vehicle, registered

the case and issued FIR. After registering the case, the

Police are trying to arrest this petitioner as he is the RC

Owner of the said Mahindra Bolero pick up vehicle. Hence,

he is before this Court.

4. Having heard the arguments and on perusal of

the records, which reveals, of course, the police seized the

vehicle as well as the cattle meat and the petitioner or

driver of the vehicle was not arrested by the Police on the

spot. Learned counsel for the petitioner brought to the

notice that the police before registering a case, they have

seized the vehicle as well as cattle meat which is not

permissible under the provisions of law and as per the

judgment in the case of Lalita Kumari vs. Government

of Uttar Pradesh and others reported in (2014) 2 SCC

1. Considering the facts and circumstances of the case, the

petitioner is said to be only RC Owner and not the driver

and he has no knowledge about transporting meat by the

driver of the vehicle. Whether the petitioner is the driver

or the owner, it is a matter to be investigated by the Police

during the investigation. Therefore, without expressing

any opinion with regard to merits of the case, by imposing

certain conditions, if bail is granted no prejudice would be

caused to the case of the prosecution.

5. Accordingly, the petition is allowed.

The respondent - Police are directed to release the

petitioner-accused on bail in the event of his arrest for the

offences punishable under Section 429 of IPC and Sections

4, 5, 7, 11 and 12 of the Karnataka Prevention of

Slaughter and Preservations of Cattle Act, 2020 registered

by the respondent - Police Station in Crime No.155/2022,

subject to the following conditions:

(i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one surety for the likesum to the satisfaction of the Investigating Officer;

(ii) Petitioner shall surrender within 15 days

from the date of receipt of the certified copy of the order;

(iii) Petitioner shall be deemed custody for the purpose of any recovery under Section 27 of the Indian Evidence Act, 1872;

(iv) Petitioner shall appear before the Investigating Officer as and when called for the purpose of investigation.

Sd/-

JUDGE

GBB