KABC010225452023
Presented on
Registered on
Decided on
Duration
: 22-08-2023
: 22-08-2023
: 04-09-2023
: 0 years, 0 months,
13 days
IN THE COURT OF THE LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-65) AT BENGALURU)
Dated this 4 th day of September 2023
-: P R E S E N T :Smt. Kalpana M.S.,
B.Sc., LL.M.,PGD-CLCF.,
LXIV ADDL.CITY CIVIL & SESSIONS JUDGE,
CCH-65, BENGALURU CITY.
Crl.Misc.No.8189/2023
PETITIONER
:
Abhilash M.Y.,
Aged about 29 years,
R/at Margonahalli,
Kikkeri Hobli,
K.R.Pete Taluk,
Mandya District.
(Accused No.4)
2
Crl.Mis.No.8189/2023
(By Sri.Chandan K.L., Advocate)
/Vs/
RESPONDENT
:
State of Karnataka by
Kengeri Police Station,
Bengaluru.
(Rep. By Learned Public Prosecutor)
ORDERS ON ANTICIPATORY BAIL APPLICATION
U/S.438 OF CR.P.C.
Petitioner/accused
No.4
has
filed
this
petition
U/s.438 of Code Criminal Procedure (hereinafter referred
as
Cr.P.C.,)
seeking
anticipatory
bail
in
C.C.No.22064/2022 based on Cr.No.457/2021 of Kengeri
police station, Bengaluru for the offences punishable
U/s.429 of Indian Penal Code (hereinafter referred as
I.P.C.), R/w.Sec.6, 7, 12 of the Karnataka Prevention of
Slaughter and Preservation of Cattle Act -2020 and U/s. 26
of Prevention of Cruelty to Animals Act 1960 pending on
the file of Addl. Chief Metropolitan Magistrate Court,
Bengaluru.

3
Crl.Mis.No.8189/2023
2.

Learned Public Prosecutor appearing for
the State has filed objection statement along with report of
the Investigating Officer, opposing the bail petition.
3.

For the purpose of brevity, the facts stated in
the petition and objections will be stated at appropriate
stage of the orders.
4.

Heard
arguments. Perused the materials on
record.
5.

The points that arise for my consideration are;
1. Whether petitioner/accused No.4 is
entitled for grant of anticipatory bail
U/s.438
of
Code
of
Criminal
Procedure?
2. What Order?

6.

For the reasons stated hereinafter, my findings
on the above points are as follows;
Point No.1: In the Affirmative
Point No.2: As per final order
for the following:-
4
Crl.Mis.No.8189/2023
R E A SON S
7.

POINT NO.1:- Along with petition, petitioner
has produced certified copies of complaint, F.I.R. in
Cr.No.457/2021,
charge sheet in C.C.No.22064/2022,
police notice, photo copy of Aadhar card of the petitioner.
Perused the same.
8.

The facts set out in the complaint, F.I.R., and
charge sheet in brief, is as under;
That on 22.12.2021 at about 6.00 a.m.,
credible
information
received,
complainant
on the
police
conducted search and found in Ashoka Leyland Mini
Tempo bearing Reg.No.KA-54-6839, the accused persons
were illegally transporting 1 buffalo, 9 bullocks, one
buffalo( ?????) by loading them in a small container from
Mysuru to Bengaluru. When enquired, they failed to give
proper explanation and also intimated that, they ate taking
animals
to Hosuru, Tamilnadu for
slaughtering. The
5
Crl.Mis.No.8189/2023
complainant police have taken
them to the custody and
enquired about the owner of the vehicle and animals. On
the basis of the complaint, F.I.R. is registered and
proceeded with investigation.
9.

Learned
counsel
vehemently
argued
that,
petitioner/accused No.4 is innocent of the alleged offences.
He has not committed
any such offences.

falsely implicated in this case.

He has been
It is further contended
that, at the first instance, the respondent police have
issued notice U/s.41-A
of Cr.P.C.

by stating that,
petitioner is the owner of the vehicle used for transporting
the animals. Whereas, in the charge sheet, he is shown as
an owner of the animals. Even though, he has not
committed any illegal transportation, a false complaint is
filed with an intention to harass the petitioner. There is no
connection between the vehicle
sold by the petitioner,
vehicle number mentioned in the charge sheet. The
6
Crl.Mis.No.8189/2023
petitioner was not present at the place where the incident
took place.

The petitioner hails from respectable family
and undertakes to co-operate with investigation. He is
ready and willing to abide by the terms and conditions that
may
be
imposed
by
this
court.

There
is
serious
apprehension of arrest. The learned counsel submits that,
the petitioner has made out prima facie case for grant of
pre-arrest bail.
10.

At the out set, the alleged offences are triable
by Magistrate. The said offences are neither punishable
with
death
penalty
nor
imprisonment
for
life.

The
commission of offences by petitioner are required to be
established during trial. The Hon’ble Supreme Court of
India in the decision of State of Rajasthan, Jaipur V/s.
Balachandh @ Baliay (AIR 1977 SC 2447)
and in
catena of decisions pleased to laid down the legal doctrine
that “Bail is a rule and jail is an exception”. This legal
7
Crl.Mis.No.8189/2023
doctrine is laid down for safeguarding fundamental right
under Article 21 of Constitution of India, granting the right
to life and liberty.
11.

It is forthcoming
from the records that,
as
rightly contended by the petitioner, there is difference in
the vehicle
number mentioned in the charge sheet and
notice U/s.41-A of Cr.P.C. At the same time, respondent
police are not sure about the role played by the petitioner
in the alleged crime. Above all, investigation is completed
and charge sheet is filed. It appears that, petitioner is not
required for custodial interrogation. There is no report of
criminal antecedents. The petitioner has permanent place
of abode at Mandya. The chances of flee from justice is
remote. Under these facts and circumstances and in view
of the law laid down by Hon’ble Supreme Court of India in
the case of Satender Kumar Antil V/s.Central Bureau of
Investigation
in
Miscellaneous
Application
8
Crl.Mis.No.8189/2023
No.1849/2021 dated 11.07.2022, I am of the opinion
that, to struck the balance between individual liberty and
humiliation due to unjustifiable detention against free and
fair trial as well as welfare of society, it is proper to enlarge
the petitioner on bail by imposing appropriate terms and
conditions. Accordingly, point No.1 is answered in
the
Affirmative.
12.

POINT
NO.2:
In
view
of
the
aforesaid
discussion, this court proceed to pass the following :
O R DE R
Anticipatory
bail
petition
U/s.438
of
Cr.P.C., filed by the petitioner/accused No.4 is
allowed.
Respondent police is directed to release
the petitioner/accused No.4 on bail in the
event of his arrest in C.C.No.22064/2022
based on Cr.No.457/2021 of Kengeri police
station, Bengaluru for the offences punishable
9
Crl.Mis.No.8189/2023
U/s.429 of
I.P.C., R/w.Sec.6, 7, 12 of the
Karnataka
Prevention
of
Slaughter
and
Preservation of Cattle Act -2020 and U/s. 26
of Prevention of Cruelty to Animals Act 1960
pending on the file of Addl. Chief Metropolitan
Magistrate
Court,
Bengaluru
by
taking
personal bond for ?.1,00,000/- (one lakh)
with two sureties for like sum on following
conditions;
1. Petitioner/accused No.4 shall furnish
documents
regarding
his
address
proof and the address proof of his
sureties at the time of furnishing
sureties.
2. He shall not
make
any
directly or indirectly
inducement
threat
or
promise to any person acquainted
with the facts
of the case so as to
dissuade him from disclosing such
facts either to the Investigation Officer
or to the trial court.

10
Crl.Mis.No.8189/2023
3.

He shall not leave the jurisdiction of
India without prior permission of the
trial court.

4. He shall not involve in any criminal
activities.
5. In
the
event
any
change
in
the
residential address, petitioner and his
sureties shall intimate the same to the
trial court immediately without fail.
Violation of any of these conditions would
entitle cancellation of bail.
(Dictated to the Judgment Writer, transcribed and
computerized by her, then corrected, signed and
pronounced by me in open court on this 4 th day of
September 2023).

(KALPANA M.S.)
LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE, CCH-65,
BENGALURU CITY.

11
Crl.Mis.No.8189/2023
Order pronounced in the open
Court (vide separate Order)
OR D E R
Anticipatory bail petition U/s.438 of
Cr.P.C., filed by the petitioner/accused No.4
is allowed.
Respondent
police
is
directed
to
release the petitioner/accused No.4 on bail
in
the
event
C.C.No.22064/2022
of
his
arrest
based
in
on
Cr.No.457/2021 of Kengeri police station,
12
Crl.Mis.No.8189/2023
Bengaluru
for
the
offences
U/s.429 of
I.P.C., R/w.Sec.6, 7, 12 of the
Karnataka
Prevention
of
punishable
Slaughter
and
Preservation of Cattle Act -2020 and U/s.
26 of Prevention of Cruelty to Animals Act
1960 pending on the file of Addl. Chief
Metropolitan Magistrate Court, Bengaluru
by taking personal bond for ?.1,00,000/(one lakh) with two sureties for like sum on
following conditions;
1. Petitioner/accused No.4 shall furnish
documents
regarding
his
address
proof and the address proof of his
sureties at the time of furnishing
sureties.
2. He shall not
make
any
directly or indirectly
inducement
threat
or
promise to any person acquainted
with the facts
of the case so as to
dissuade him from disclosing such
facts
either
to
the
Investigation
Officer or to the trial court.

13
Crl.Mis.No.8189/2023
3. He shall not leave the jurisdiction of
India without prior permission of the
trial court.
4. He shall not involve in any criminal
activities.
5. In the event any change in the
residential address, petitioner and his
sureties shall intimate the same to
the trial court immediately without
fail.
Violation of any of these conditions
would entitle cancellation of bail.
Consequently,
this
criminal
miscellaneous proceedings is disposed
of.

LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE, CCH-65,
BENGALURU CITY.