Karnataka HC Grants Bail To Cow Vigilante Puneeth Kerehalli Accused Of Murdering Cattle Transporter, Finds Discrepancy In Registration Of FIRs

The Karnataka High Court last month granted bail to alleged cow vigilantes Puneeth Kumar alias Puneet Kerehalli and four others, accused of causing the death of one Idris Pasha on April 1.

In the order made available yesterday, a single judge bench of Justice MG Uma took note of the discrepancy in lodging of FIRs.

The petitioners had lodged a FIR against Idris Pasha, Syed Zaheer and others for illegal transportation of cattle. On the same day, Zaheer is said to have lodged FIR no. 53 against petitioners at 5.30 pm. Court noted that another informant lodged FIR against petitioners at 4 pm alleging offences punishable under Sections 341, 504, 506, 324, 302 read with Section 34 of IPC, but the FIR was numbered 54.

"There is no explanation as to why the FIR in Crime No.53/2023 was registered at 5:30 p.m. while the FIR in Crime No.54/2023 was registered at 4:00 p.m., Moreover, as per the informant in the present case, he was informed by the Syed Zaheer about causing of the death of - 9 - CRL.P No. 3765 of 2023 C/W CRL.P No. 3764 of 2023 CRL.P No. 3770 of 2023 deceased Idris Pasha by the petitioners on 01.04.2023, in the early morning. The said Syed Zaheer, who is the informant in Crime No.53/2023 does not refer to any such incident in the first information filed by him," Court observed.

It thus allowed the petition filed by the accused and granted them bail on obtaining a bond in a sum of Rs.2,00,000, each with two sureties for the like sum to the satisfaction of the jurisdictional Court.

Petitioner-accused had contended that the sequence of events discloses that deliberately an FIR was registered making false allegations due to political reasons.

The plea was opposed by the prosecution saying serious allegations are made against the petitioner for having committed the offences which is punishable with death or imprisonment for life. The charge sheet is not yet filed. Accused No.1 is having criminal antecedents. Under such circumstances, the petitioners are not entitled for grant of bail that too when allegations are made for offences which are punishable for death or imprisonment for life.

The Court  referred to the post mortem report, which disclosed that Idris Pasha sustained only four abrasions and the cause of death was kept pending for want of chemical analysis and histopathology reports.

The bench said “It is clear that there was no fatal injury on the dead body of the deceased at the time of the post mortem examination. All these facts and circumstances give rise to a reasonable doubt about the manner in which the incident had taken place. Even though it is stated that accused No.1 is having criminal antecedents, from the materials that are placed before the Court there are no strong prima facie material to connect accused No.1 to the offence in question.”

Following which it held “It is not the contention of the prosecution that the petitioners are required to be detained in custody for any purpose except to ensure their presence before the trial Court. Therefore, detention of the petitioners in custody would amount to infringement of their right to life and liberty. Hence, I am of the opinion that the petitioners are entitled to be enlarged on bail subject to conditions, which will take care of the apprehension expressed by the learned High Court Government Pleader that the petitioners may abscond or may tamper or threaten the prosecution witnesses.”

Accordingly it allowed the petition.

Case Title: Pavankumar A N & ANR And State of Karnataka

Case No: CRIMINAL PETITION NO. 3765 OF 2023 C/W CRIMINAL PETITION Nos. 3764 OF 2023, 3770 OF 2023

Citation: 2023 LiveLaw (Kar) 209

Date of Order: 16-05-2023

Appearance: Senior Advocate Aruna Shyam M for Advocate Divya R B for petitioners.

HCGP H.S. Shankar for respondent.

Click Here To Read/Download Order