The LXVI Additional City Civil and Sessions Court in Bengaluru has granted anticipatory bail to Shakthivelu, an employee of a renowned academy for the blind, following allegations of illegal cattle transportation. The order, delivered on June 21, 2022, by Judge S. Nataraj, highlights a significant legal dispute regarding whether the cattle were intended for slaughter or for domestic breeding and milking purposes.
Background of the Case
The case, registered as Crime Number 55/2022 by the Jalahalli Police Station, initially led to the arrest of two individuals on May 30, 2022. According to the prosecution, the Jalahalli Police Sub-Inspector received credible information during a patrol on May 31, 2022, regarding the suspicious transportation of cows and calves towards BEL Circle.
Upon intercepting the vehicle, bearing registration number KA-41 C-9265, police officials found several cows and calves packed into the vehicle in what they described as an inhuman manner, lacking sufficient space. The driver and the other arrested individual allegedly claimed they were transporting the cattle, which had been purchased by Shakthivelu at a temple market, to Govindapura for the purpose of meat and food consumption.
Shakthivelu was subsequently named as Accused Number 3 in the FIR. He faced charges under various stringent legislations, including Sections 4, 5, and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020. He was also charged under Section 11(1)(A) of the Prevention of Cruelty to Animals Act, 1960, along with various sections of the Indian Motor Vehicles Act and the Transportation of Animal Act.
Arguments for the Petitioner
Shakthivelu, represented by Advocate Anoop Haranahalli, moved the court under Section 438 of the Code of Criminal Procedure, 1973, seeking protection from arrest. The petitioner argued that he is a compassionate animal lover and a “zoophilist” who breeds cows for domestic and milking purposes.
The defense presented several pieces of evidence to support the claim of innocent intent:
- A certificate from a veterinary hospital confirming that Shakthivelu frequently brought his cattle for medical treatment and breeding.
- Receipts from a Milk Co-operative Society issued in the name of his wife, suggesting a legitimate dairy business.
- Photographs showcasing his existing herd of 19 cows and calves being reared for milking.
- Tax receipts paid to the concerned authorities during the purchase of the animals.
- Employment records showing his long-term association with the Shree Ramana Maharshi Academy for the Blind.
The petitioner contended that the cattle were purchased from a “Cow Bazaar” specifically for his Goshala (cattle shelter) in Veeranna Palya and were intended for breeding, not slaughter.
The Prosecution Opposition
The Public Prosecutor, relying on the report from the Investigation Officer, vehemently opposed the bail plea. The State argued that the transportation was clearly illegal and intended for slaughter, in direct violation of the Karnataka Prevention of Slaughter and Preservation of Cattle Act. The prosecution expressed concerns that if Shakthivelu were granted anticipatory bail, he might commit similar offenses or destroy vital evidence related to the illegal meat trade network.
Court Findings and Decision
Judge S. Nataraj, after reviewing the evidence, noted that the primary question of whether the cattle were for meat or for milking is a matter of trial. The court observed that Shakthivelu had provided substantial documentary evidence to suggest he was engaged in legitimate dairy farming.
The court highlighted that Accused Numbers 1 and 2 had already been released on bail by a Magistrate and that the offenses alleged do not carry a penalty of death or life imprisonment. Furthermore, given Shakthivelu’s stable employment at a recognized institution for the blind and his permanent residence in Bengaluru, the court found the risk of him fleeing from justice to be remote.
Conditions of Bail
In allowing the petition, the court ordered that in the event of arrest, Shakthivelu must be released on a personal bond of 50,000 Rupees with one surety for a like sum. The court imposed the following strict conditions:
- The petitioner must appear before the Investigating Officer on or before June 30, 2022, and whenever required for the purpose of the investigation.
- The petitioner shall not threaten the complainant or any prosecution witnesses.
- The petitioner must appear regularly before the concerned trial court.
- The petitioner is strictly prohibited from committing similar offenses.
- Any violation of these conditions will lead to the immediate cancellation of the bail order.
The case will now proceed to trial to determine the true nature of the cattle transportation. Would you like me to look into the specific penalties under the Karnataka Prevention of Slaughter and Preservation of Cattle Act for you?