(1.) This petition is filed by accused No.2 under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Crime No.87/2022 of Sirsi Town Police Station registered for the offences punishable under Sec. 11(1)(d) of the Prevention of Cruelty to Animals Act , 1960, Ss. 5, 7 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020 and Ss. 146(3) , 192A , 181 and 196 of Motor Vehicles Act, 1988.
(2.) The case of the prosecution is that, on 24/8/2022 at about 9:20am the complainant received credible information and he along with his staff and panchas went to Nilekani cross and found Mahendra company vehicle bearing registration No.KA-31/A-1933. They stopped the said vehicle and inspected the vehicle and found that the driver/accused No.1 of the vehicle was transporting the cattle without arranging for safety of the cattle subjecting them to cruelty. Accused No.1 has not made any arrangement for water and fodder to the cattle being transported in the vehicle. On enquiry, accused No.1 revealed that the petitioner/accused No.2 purchased the cattle with the direction of accused Nos.3 and 4 and was transporting the same. The informant seized the vehicle along with the cattle, drawn mahazar and filed the complaint which came to be registered by Sirsi town PS Crime No.87/2022 for the aforesaid offences. The petitioner, who is arrayed as accused No.2, apprehending his arrest filed Criminal Miscellaneous No.5221/2022 seeking anticipatory bail along with accused Nos.3 and 4. The said petition came to be rejected by the learned I Additional District and Sessions Judge, U.K. Karwar, sitting at Sirsi, by order dtd. 15/9/2022. Therefore, the petitioner is before this Court seeking anticipatory bail.
(3.) Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent- State.