This High Court rejected a petition for anticipatory bail. The Court held that the petitioner's presence was necessary for custodial interrogation due to his unavailability since the offense date, which was hindering investigation under the Karnataka Prevention of Slaughter Act and other statutes.
The Criminal Petition was Rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.P No. 716 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION NO. 716 OF 2023
BETWEEN:
MUBARAK KHAN S/O KAREEM KHAN AGED ABOUT 51 YEARS, R/AT 24 MACKAN ROAD BHARATHI NAGAR BANGALORE - 560 001.
…PETITIONER
(BY SRI. IMRAN PASHA, ADVOCATE)
AND:
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
THE STATE OF KARNATAKA THROUGH KUDUR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BANGALORE – 560 001.
(BY SRI. VINAYAKA V.S., HCGP)
…RESPONDENT
THIS CRIMINAL PETITION IS FILED U/S 438 CR.PC. PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.476/2022 OF RESPONDENT KUDUR POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 4, 5, 7, 8, 12 OF THE KARNATAKA PREVENTION OF SLAUGHTER AN PREVENTION OF CATTLE ACT 2020, U/S 11(1)(a) OF PREVENTION OF CRUELTY TO ANIMALS ACT 1960, U/S 429 OF IPC 1860, U/S 192(a) OF MOTOR VEHICLE ACT 1988, PENDING
CRL.P No. 716 of 2023
ON THE FILE OF LEARNED 1ST ADDL. CIVIL JUDGE AND JMFC AT MAGADI TALUK, RAMANAGARA DISTRICT, IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Imran Pasha, learned counsel for the petitioner and Sri. Vinayaka V.S., learned High Court Government Pleader for the respondent-State. Perused the records.
“WHEREFORE, the petitioner humbly pray that this Hon’ble court be pleased to grant an order of anticipatory bail by directing the respondents police to release the petitioner on bail in the event of his arrest in Crime No.476/2022, of respondent Kudur Police for the alleged offences punishable under Sections 4, 5, 7, 8, 12 of the Karnataka Prevention of Slaughter an Prevention of Cattle Act, 2020, U/s. 11(1) (a) of Prevention of Cruelty to Animals Act, 1960, U/s 429 of Indian Penal Code 1860, U/s 192(a) of Motor Vehicle Act, 1988, pending on the file of Learned 1st Addl. Civil Judge and JMFC at Magadi Taluk, Ramanagara District, in the interest of justice.”
CRL.P No. 716 of 2023
Sri. Somashekharaiah, Assistant Sub-Inspector of Police, filed a report with Kudur Police Station, Magadi Sub-Division, Ramanagara District, on 26.10.2022, which was registered in Crime No.476/2022 for the offences punishable under Sections 4, 5, 7, 8, 12 of the Karnataka Prevention of Slaughter an Prevention of Cattle Act, 2020, U/s. 11(1) (a) of Prevention of Cruelty to Animals Act, 1960, U/s 429 of Indian Penal Code 1860 and U/s 192(a) of Motor Vehicles Act, 1988.
CRL.P No. 716 of 2023
inspected those vehicles. On inspection of the said vehicles, he noticed that both vehicles are TOYOTA Qualis model vehicles bearing Reg.Nos.KA.03-MZ-7583 and KA.03-VB-9749. On further inspection of the said vehicles, he has noticed that in vehicle bearing No. KA.03MZ-7583, in between Driver’s seat and centre seat there was a Tarpaulin sheet and on further inspection, he noticed that what has been stored is beef of about 15 calves. In another vehicle bearing No.KA.03.VB-9749, he has noticed beef of 10–12 calves. On further enquiry he
has found that the inmates of the vehicle bearing No.KA.03-MZ-7583 are Khadir Khan, Mubarak & others and the inmates of the other vehicle are Azam Khan and others. He also got information that they had brought the calves and cows from different places and slaughtered them in the vicinity of place called S.A.Laya and they have been transporting the beef for selling to the hotels.
investigated the matter. Admittedly, the present petitioner
is not available to the Investigation Agency from the date of offence.
CRL.P No. 716 of 2023
grant of bail by filing a detailed written objections.
perused the materials on record meticulously.
CRL.P No. 716 of 2023
CRL.P No. 716 of 2023
the grounds urged in the bail petition are hardly sufficient to accept the request made by the petitioner to enlarge
him on anticipatory bail.
O R D E R
The Criminal Petition is Rejected .
Sd/JUDGE
DL
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in view of the facts of the case and the investigation requirements.
Whether custodial interrogation of the petitioner is necessary to unearth the truth of the incident.
5 provisions across 5 enactments
Mubarak Khan
The State of Karnataka
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
