Gopi vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.263/2021

registered by Gubbi Police Station, Tumakuru District, for the offences punishable under Sections 4, 12, and 5 of the Karnataka Prevention of Cow

Slaughter and Cattle Preservation Act, 1964, Sections 177, 192(A) of Indian Motor Vehicles Act, 1988, Sections 3 and 4 of Prevention of Cruelty to

Animals Act, 1960, Sections 51, 56, 57, 96, 97 and 98 of Prevention of Transportation Animals Act, 1978, Section 125(E) of the Central Motor

Vehicles Rules, 2015 and Sections 428 and 429 of IPC.

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/ State.

The factual matrix of the case is that on 18.12.2021, this petitioner/accused was transporting the cattle without having any certificate or license.

Hence, a case has been registered.

The learned counsel appearing for the petitioner would submit that this petitioner being an agriculturist, he took the cattle for sale in a sandy and

when the same was not sold, he was bringing back. At the instance of the voluntary organization, a case has been registered and the offences are not

punishable with death or imprisonment for life.

Per contra, the learned High Court Government Pleader appearing for the State would submit that the goods vehicle without having any license

transporting the cattle.

Having heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the State and on

perusal of the material available on record as well as the circumstances under which the case was registered that too at the instance of the voluntary

organization, having considered the nature of allegations made in the complaint and gravity of the offences, it is a fit case to exercise the discretion

under Section 438 of Cr.P.C., in favour of the petitioner.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in respect of Crime No.263/2021 registered by

Gubbi Police Station, Tumakuru District, for the offences punishable under Sections 4, 12, and 5 of the Karnataka Prevention of Cow Slaughter and

Cattle Preservation Act, 1964, Sections 177, 192(A) of Indian Motor Vehicles Act, 1988, Sections 3 and 4 of Prevention of Cruelty to Animals Act,

1960, Sections 51, 56, 57, 96, 97 and 98 of Prevention of Transportation Animals Act, 1978, Section 125(E) of the Central Motor Vehicles Rules, 2015

and Sections 428 and 429 of IPC, subject to the following conditions:-

(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and

shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the

concerned Investigating Officer.

(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.

(iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as

and when called for.

(iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of

three months, whichever is earlier.

(v) The petitioner shall mark his attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating

Officer for a period of three months or till the charge sheet is filed, whichever is earlier.