LAWS(KAR)-2022-10-588

ABDUL MUNAF Vs. STATE OF KARNATAKA

Decided On October 17, 2022
Abdul Munaf Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 438 Cr.P.C. seeking anticipatory bail in the event of his arrest in Crime No.68/2022 of Kundapura Police Station, Udupi District, registered for the offence 379 of IPC , Ss. 4, 5 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance - 2020, Sec. 192 and 66 of the Motor Vehicle Act and Sec. 11(1)(d) of Prevention of Cruelty to Animals Act , 1960 pending on the file of I-Additional Civil Judge (Jr.Dn.) and JMFC Court, Kundapura, Udupi District.

(2.) The brief factual matrix leading to the case are that, on 8/7/2022 at 1.45 a.m., on credible information, the complainant was on patrolling duty in Kasba Grame near M. Dodi near NMA Clinic. At that time a car bearing Registration No. KA.20.MD.ECO Sport 3838 came from Hangluru and on suspicion he try to stop the car, but the driver of the said Car without stopping, took away the car away a few kilometers and stopped on mud road near the house and fled away along with other persons. On inspecting the said car, he found a cow tied with nylon ropes in very crude manner and also he came to know that the said cow was transported for slaughter without any permission and he suspected that the cow might have been stolen and transported for the purpose of slaughter. Later on, the complainant saw the inmates of the car running away through the torch light and he chased them and in the torch light, he identified the present petitioner/Accused No.1 escaping along with other accused and later he apprehended him. Thereafter, the properties were seized and a crime came to be registered against the present petitioner/Accused No.1 and other accused under Ss. 379 of IPC and Ss. 4 , 5 , and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020 and Sec. 11(1)(d) of Prevention of Cruelty to Animals Act , 1960.

(3.) The petitioner/Accused No.1 apprehending his arrest, has approached the Court of learned Sessions Judge seeking bail and that petition came to be rejected. Hence, the petitioner is before this Court.