KABC010160962022
Presented on
Registered on
Decided on
Duration
: 16-06-2022
: 16-06-2022
: 21-06-2022
: 0 years, 0 months,
5 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCH-67)
DATED: This the 21 st day of June, 2022
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 5997 of 2022
Petitioner :
Shakthivelu,
S/o Vijayan,
Aged about 32 years,
R/at No.154/2, 4th Cross,
‘C’ Block, Rashad Nagar,
Bengaluru 560 045.
(By Sri.Anoop Haranahalli, Adv.)
/Vs/
Respondent :
State by:
Jalahalli Police Station,
Bengaluru.
(By Public Prosecutor.)

Crl.Misc.No.5997/2022
2
ORDERS ON BAIL APPLICATION FILED UNDER
SEC.438 OF Cr.P.C.
Petitioner/accused filed bail petition under Section 438
Cr.P.C seeking anticipatory bail in the event of his arrest in
Cr.No.55/2022 for the offences punishable under Sections
4, 5, 12 of the Karnataka Prevention of Slaughter and
Preservation
of
Cattle
Act,
Section
1191)(A)
of
the
Prevention of Cruelty to Animals Act, Section 192(A), 177 of
the Indian Motor Vehicles Act and Section 4, 47, 48, 49,
50, 51, 52, 53, 54, 55 and 56 of Transportation of Animal
Act registered by the respondent pending on the file of 39 th
ACMM, Bengaluru.
2. The petitioner case in brief are as follows:
The Sub Inspector of Jalahalli police station has filed
complaint, during pendency of proceedings accused Nos.1
and 2 are arrested on 30.05.2022. Consequently they were
remanded
to
judicial
custody,
released
on
bail
on
07.06.2022 by the 39th ACMM Bengaluur. The petitioner is
apprehending arrest form the respondent police, they are
making efforts to arrest him. The petitioner is innocent of
the offences alleged. The petitioner is worker of
Shree
Crl.Misc.No.5997/2022
3
Ramana Maharshi Academy Academy for the Blind. He is
compassionate
about
animals.

The
petitioner
being
zoophilist used to breed cow and other animals for
domestic purpose. He is breeding 19 cows in the house.
The veterinary hospital authorities certified the breeding of
cows and treated cattle when ever needed. The petitioner
also owns Goshala in Veeranna Palya. He has purchased
Malnad breed cows from Cow bazaar for breeding and
milking purpose. The academy permitted the petitioner to
purchase cows on 31.05.2022 by paying necessary tax. He
is ready and willing to abide by the conditions. The
offences
are
not
punishable
with
death
or
life
imprisonment. He prayed to allow the petition.
3. The learned Public Prosecutor filed objections with
the report of the Investigation Officer contending that the
petition is not maintainable. The petitioner who was
accused No.3 was transporting the cows for slattering
purpose through accused Nos.1 and 2 in a vehicle bearing
Reg.No.KA-41 C-9265. The investigation is pending, if the
petitioner is released on bail he may commit similar
Crl.Misc.No.5997/2022
4
offences and destroy the prosecution evidence and prayed
to dismiss the petition.
4. Heard the arguments of both sides and perused
the record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1: Whether the petitioner is entitled
for anticipatory bail on the
complaint of Sri.Lakshman.S.Utagi
registered by the respondent?
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order for the
following reasons.:
REASONS
7. Point No.1: On hearing both sides gone through
the material on record, the allegations in the complaint of
PSI, Jalahalli police station is that on 31.05.2022 when the
complainant was patrolling in the vicinity of Jalahalli police
station limits, he received information that some people are
transporting
cows
and
calves
towards
BEL
Circle.

Subsequently, the complainant and his staff reached place
5
Crl.Misc.No.5997/2022
of incident, intercepted the vehicle, driver could not give
proper answer, when checked the same he found cows and
calves and they were made to stay in vehicle without
having sufficient space in an inhuman way. That accused
Nos.1 and 2 have told that they are transporting the cattle
purchased by petitioner No.3 in KG Temple market for
meat/food same were being transported to Govindapura.
On the basis of said allegations the complaint has been
registered.
8. The petitioner contended that he is breeding cows
and other animals for domestic purpose and also for
milking purpose.

He is paying tax to the concerned
authority and purchased the animals. He is also produced
the certificate issued by the veterinary hospital stating that
the petitioner used to treat the animals in the hospital and
brought the cows for breeding purpose. The petitioner to
show that he is rearing cows for milking purpose produced
the receipts said to have been issued by Milk Co-operative
Society in the name of his wife. The photographs are also
produced by petitioner showing that he is having cows and
calves for the purpose of milking.

6
Crl.Misc.No.5997/2022
9. The plaintiff claims that he works in Shree
Ramana Maharshi Academy Academy for blind and
produced certificate. The receipts for having paid tax while
purchasing the cows are also produced. In the above said
circumstances, it a matter of trial whether the cows and
calves were transported illegally by accused No.3 for the
purpose of meat/food or those cows were purchased by the
petitioner for the purpose of breeding and milking. During
the course of investigation accused Nos.1 and 2 are already
arrested and released on bail. The offences alleged are not
punishable with death or life imprisonment and triable by
Magistrate. He is apprehending arrest from the frspondent
police. He is permanent resident of address shown in the
cause title and also works in recognised Shree Ramana
Maharshi Academy Academy for blind and also breeding
cows, as such chances of flee away from justice is remote.
The apprehension of the prosecution can be met with by
imposing suitable conditions. Under these circumstances,
the petitioner is entitled for anticipatory bail. Accordingly,
answer the point in affirmative.

Crl.Misc.No.5997/2022
7
10. POINT No.2:- In view of findings given on point
No.1, this Court pass the following order.
ORDER
The
petition
filed
by
the
petitioner/
accused – Shakthivelu under Section 438
Cr.P.C. is allowed.
The petitioner is ordered to be released on
anticipatory bail in the event of his arrest in
Cr.No.55/2022
registered
by
respondent
under Sections 4, 5, 12 of the Karnataka
Prevention of Slaughter and Preservatin of
Cattle Act, Section 1191)(A) of the Prevention
of Cruelty to Animals Act, Section 192(A),
177 of the Indian Motor Vehicles Act and
Section 4, 47, 48, 49, 50, 51, 52, 53, 54, 55
and 56 of Transportation of Animal Act on
execution of personal bond for Rs.50,000/with one surety for the like sum to the
satisfaction
of
the
Investigation
Officer
subject to following conditions.
1. The petitioner/accused shall appear before
the IO on or before 30.06.2022 and
thereafter as and when called upon for the
purpose of investigation.

8
Crl.Misc.No.5997/2022
2. The petitioner/accused shall not threat the
complainant or prosecution witnesses in any
manner directly or indirectly.
3. The
petitioner/accused
shall
regularly
appear before the concerned Court as and
when called for.
4. Petitioner/accused shall not commit similar
offences.
5. If any of the conditions are violated the
anticipatory bail order deems to have been
canceled.
(Dictated to the Judgment Writer directly on computer,
corrected by me and then pronounced in the open Court on
this the 21st day of June, 2022).
(S. NATARAJ),
LXVI Addl.CC & SJ, Bangalore.

9
Crl.Misc.No.5997/2022
The Order is pronounced in
the open Court (vide separate
Order).
ORDER
The petition filed by the
petitioner/
accused
–
Shakthivelu under Section 438
Cr.P.C. is allowed.
The petitioner is ordered to
be released on anticipatory bail
in the event of his arrest in
Cr.No.55/2022 registered by
respondent under Sections 4, 5,
12 of the Karnataka Prevention
of Slaughter and Preservatin of
Cattle Act, Section 1191)(A) of
the Prevention of Cruelty to
Animals Act, Section 192(A), 177
of the Indian Motor Vehicles Act
and Section 4, 47, 48, 49, 50,
51, 52, 53, 54, 55 and 56 of
Transportation of Animal Act on
execution of personal bond for
Rs.50,000/- with one surety for
the like sum to the satisfaction
of the Investigation Officer
subject to following conditions.
1. The petitioner/accused shall
appear before the IO on or before
30.06.2022 and thereafter as
and when called upon for the
purpose of investigation.
2. The petitioner/accused shall
not threat the complainant or
1
Crl.Misc.No.5997/2022
prosecution witnesses in any
manner directly or indirectly.
3. The petitioner/accused shall
regularly appear before the
concerned Court as and when
called for.
4. Petitioner/accused shall not
commit similar offences.
5. If any of the conditions are
violated the anticipatory bail
order deems to have been
canceled.
LXVI Addl.CC & SJ,
Bangalore.

1
Crl.Misc.No.5997/2022