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Judgment
Mohammad Nawaz, J
Heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State and perused the material on record.
Petitioners are seeking anticipatory bail apprehending their arrest in Crime No.8/2023 of Yelawala Police Station, Mysuru District, registered for offences punishable under Sections 11(E), 11(D) of Prevention of Cruelty to Animals Act, 1960 and Sections 4, 5, 12(1) and 12(2) of the Karnataka Prevention of Slaughter and Preservation of Cattle act, 2020.
A suo-moto complaint is lodged by the PSI of Yelawala Police Station alleging that, on 19.01.2023 at about 11.20 pm, the driver of one Eicher Pro 1110 container goods vehicle bearing registration No.KA-01-AL-9797 was transporting about 35 cattle in an inhuman manner in the said vehicle to the slaughter house, without any valid permit. It is alleged that when the vehicle was intercepted, the driver of the vehicle abandoned the vehicle and ran away.
The cattle and vehicle have been seized under a mahazar in the presence of panch witnesses. The case is registered against the driver of the vehicle bearing registration No.KA-01-AL-9797. It is not stated in the complaint that Police could identify the person who was driving the vehicle at the time of incident. At this stage, except the bare allegation, there is no other material placed to show that the cattle were infact being transported in the said vehicle to the salughter house. The alleged offence are not punishable with death or imprisonment for life. It is contended by the learned counsel for petitioners that, petitioner No.1 is a driver by profession and petitioner No.2 is a daily worker and they are innocent of the alleged offence. He submits that now the Police are making hectic efforts to arrest them.
Considering the facts and circumstances and for the reasons stated, petitioners can be directed to appear before the Investigation Officer and co-operate with the investigation. Hence, by imposing suitable conditions, relief sought by the petitioners can be granted. Accordingly, the following:
ORDER
Petition is allowed.
Petitioners/accused Nos.1 and 2 in Crime No.8/2023 of Yelawala Police Station, shall be released in the event of their arrest subject to following conditions:
a) Petitioners shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the likesum.
b) Petitioners shall furnish proof of their residential address and shall inform the Investigation Officer/Court, if there is change in the address.
c) Petitioners shall be available for the purpose of investigation as and when required and shall co-operate with the investigation.
d) Petitioners shall not leave the jurisdiction of the trial Court without prior permission of the learned trial Judge, till completion of the investigation of the case.
e) Petitioners shall not tamper with the prosecution witnesses either directly or indirectly.
f) Petitioners shall not commit any offence.
g) Petitioners shall be regular in attending the Court proceedings.