Allowed

Kuberappa S/O Dasappa Gollar, v. the State of Karnataka

Karnataka HC22 Nov 2024CRL.P/103242/2024

Case brief

AI extract

What is this about?

Petition to quash FIR under the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 2020 on the ground that the search and seizure was conducted by an Assistant Sub-Inspector, unauthorised under Section 8(1). The Court quashed the entire proceedings against accused No.1, following its earlier order in a connected petition.

What did the court decide?

Entire proceedings against petitioner (accused No.1) in Crime No.41/2024 for offences under Sections 5 and 12 of the Act, 2020 quashed; pending IAs disposed.

Kuberappa S/O Dasappa Gollar, Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC-D:17096 CRL.P No. 103242 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T

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CRIMINAL PETITION NO. 103242 OF 2024

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(482(Cr.PC)/528(BNSS)

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BETWEEN:

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KUBERAPPA S/O. DASAPPA GOLLAR, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, R/O. KATRIKOPPA VILLAGE, POST. SAMMASAGI-581104, HANGAL TQ, HAVERI DIST.

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…PETITIONER (BY SRI. MANJUNATH S. BARDOOR, ADV. FOR SRI. S. G. KADADAKATTI, ADVOCATE)

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AND:

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Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.11.25 10:44:21 +0530

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THE STATE OF KARNATAKA, BY SIRSI RURAL POLICE STATION, UTTARA KANNADA DISTRICT, REP. BY ADDL. SPP, HIGH COURT OF KARNATAKA BUILDING, DHARWAD BENCH, DHARWAD-580011.

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…RESPONDENT

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(BY SRI. ABHISHEK MALIPATIL, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S. 528 OF BNSS, PRAYING TO CALL FOR RECORDS AND QUASH FIR IN CRIME NO. 41/2024 FOR THE OFFENCES PUNISHABLE U/S. 5 AND 12 OF KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PRESERVATION ACT, 2020 PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE, (JR.DN.) AND JMFC COURT SIRSI, UTTARA KANNADA DISTRICT, REGISTERED BY THE SIRSI RURAL POLICE STATION, SIRSI, AGAINST PETITIONER/ ACCUSED NO.1 BY ALLOWING THIS PETITION IN THE ENDS OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC-D:17096 CRL.P No. 103242 of 2024

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CORAM: THE HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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

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2. The petitioner has filed this petition under Section 482 of Cr.P.C., to quash the proceedings in Crime No.41/2024 registered by the Sirsi Rural Police for the offences punishable under Sections 5 & 12 of the Karnataka Prevention of Cow Slaughter & Cattle Prevention Act, 2020¹ on the file of Additional Civil Judge and JMFC, Sirsi, Uttara Kannada District.

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3. The short question of law involved in the case is as to whether the search and seizure conducted by Assistant Sub-Inspector of Police, Sirsi Rural police Station is in accordance with Section 8(1) of the Act, 2020.

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4. Brief facts of the case of the prosecution are as

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follows:

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1 ‘Act, 2020’, for short

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3 - NC: 2024:KHC-D:17096 CRL.P No. 103242 of 2024

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On 16.03.2024, the Assistant Sub-Inspector of Police, Sirsi Police Station filed a complaint alleging that, on the same day at about 11.00 a.m., when he was in Police Station, he received a credible information from one Ravi, that some cattle have been transporting illegally in a goods vehicle bearing registration No.KA.27/C.5659 from Shivalli side towards Haveri through Khan Nagar route. Hence, he secured his sub-staff and they were waiting near Kugalkuli water tank, at the same time, one Tata Cream color vehicle bearing registration No.KA.27/C.5659 came. Thus, the first informant and his staff intercepted the said vehicle and found that one he buffalo calf and three cow male calf’s were transporting. On being enquiry, the driver did not give any satisfactory answer and thus, he came to know that the same were transported without any certificate.

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5. Therefore, the Assistant Sub-Inspector of Police seized vehicle along with animal, drew seizure panchanama, and filed complaint to the Station House Officer for the offences punishable under Sections 5 & 12 of the Act, 2020. This led to registration of FIR and investigation. During the

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4 - NC: 2024:KHC-D:17096 CRL.P No. 103242 of 2024

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course of investigation, accused No.1 disclosed the name of accused No.2. Taking exception to the same, the petitioneraccused No.1 has filed this petition.

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6. From perusal of the material available on record, the entire prosecution storey is based on the information of one Ravi, the Assistant Sub-Inspector of Police, conducted search and raid and drew seizure panchanama.

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7. Learned counsel for the petitioner contended that

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the Assistant Sub-Inspector of Police, was not authorized to conduct search and seizure and the same is in contravention of Sections 8(1) and 10 of the Act, 2020.

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8. Section 8(1) of the Act, 2020 reads as under:

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“8. Power of search and seizure.- (1) Where a Police Officer not below the rank of Sub-Inspector or a Competent Authority has reason to believe that an offence under this Act has been committed has power to inspect and seize such cattle and premises and materials used or intended to be used for the commission of such offence.”

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9. Section 10 of the Act, 2020 reads as under:

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5 - NC: 2024:KHC-D:17096 CRL.P No. 103242 of 2024

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“10. Appeals.- (1) Any person aggrieved by any order passed under section 8 may, within thirty days from the date of receipt of such order appeal to the Sessions Judge having jurisdiction over the area in which the property to which such order relates has been seized.

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(2) The Sessions judge may after giving the persons affected a reasonable opportunity of being heard, pass such order as it deems fit.”

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10. Thus, the power was confined to enter an intercept under the 1964 Act, the Assistant Sub-Inspector of Police had no power to seize and search as defined under the Act. It is only the Sub-Inspector of police and above the rank of that officer shall authorize to enter intercept and conduct seizure panchanama. Thus, the entire case of the prosecution is based on unauthorizedly seizure of cow and calves by the Assistant Sub-Inspector of Police, which is in contravention of the aforesaid proposition of law.

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11. This Court in Crl.P.No.101484/2024, disposed off on 26.07.2024, quashed the entire proceedings against accused No.2. Therefore, Accused No.1 also stands on the

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6 - NC: 2024:KHC-D:17096 CRL.P No. 103242 of 2024

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same footing. In view of the facts and circumstances of the present case, further prosecution against the petitioneraccused No.1 is an abuse of process of law. Hence, I pass the following:

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ORDER

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i. The criminal petition is allowed .

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ii. The entire proceedings initiated against the petitioner-accused No.1 in Crime No.41/2024 for the offences punishable under Sections 5 and 12 of the Karnataka Prevention of Cow Slaughter & Cattle Prevention Act, 2020 pending on the file of the learned Additional Civil Judge (Jr.Dn.) and JMFC Court, Sirsi, Uttara Kannada District is hereby quashed.

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In view of disposal of main petition, pending IAs, if any,

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do not survive for consideration and accordingly, they are

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disposed off.

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Sd/(VENKATESH NAIK T) JUDGE

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JTR/ct-an

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List No.: 1 Sl No.: 4

Kuberappa S/O Dasappa Gollar, v. the State of Karnataka

Case brief

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Kuberappa S/O Dasappa Gollar, v. the State of Karnataka

Case brief

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