Cow Smuggling Case : Karnataka High Court Grants Anticipatory Bail To Three Accused

A single Judge bench of JUSTICE B.A.PATIL allowed the application filed by Safwan (21), Hameed (29), and Iqbal Hussan (27). The court granted them anticipatory bail on each of them executing a personal bond for a sum of Rs.2,00,000 with two sureties for the like sum to the satisfaction of the Investigating Officer.

According to the prosecution on 11.10.2020, police received an information that cows were going to be transported in a car and at about 4.55 AM, they went to Koppadattu village. It was alleged that the police noticed a car coming rashly and negligently with great speed and by showing a torch light they tried to stop the said vehicle. But the accused allegedly tried to run over the officials who tried to stop the car and at that time said car hit the police jeep.  .

The police registered a case under sections 353, 307, 279, 379 r/w Section 34 of Indian Penal Code and Sections 4, 8, 9, 11 of Karnataka Prevention of Cow Slaughter and Cattle Prevention Act, 1964 and Section 11(1)(D) of Prevention of Cruelty to Animals At, 1960. The applicants are arrayed as accused 2 to 4 in the case.

Advocate Dhananjay Kumar appearing for the petitioners argued that they are innocent and they were not present at the time of the alleged incident. Further it was submitted that provision of Section 307 of IPC is not attracted to the petitioners-accused, as the case of the prosecution itself shows that it is accused No.1 who tried to run over on the vehicle of the police officials.

It was also submitted that it is highly impossible to keep six cows in a Maruti Omini Car and the said allegation itself falsifies the case of the prosecution. It is his further submission that the alleged offences are not punishable with death or imprisonment for life. They are ready to abide by the conditions that may be imposed by this Court and ready to offer the sureties.

The prosecution opposed the petition by saying petitioners-accused Nos.2 to 4 along with accused No.1 have been involved in a serious offence. They have tried to run-over the vehicle on the police who were on duty and have also fired and they have escaped in a Omini Car.

The court noted that "From the records produced no serious allegations have been made as against the petitioners-accused Nos.2 to 4. Whatever the allegations which have been made are as against accused No.1, it is he, who was holding machchu and showing the same to the police officials who were on duty and also fired towards the wheels of the police jeep."

It added "Taking into consideration the above facts and circumstances of the case, I am of the considered opinion that if by imposing some stringent conditions, if the petitioners-accused Nos.2 to 4 are ordered to be released on anticipatory bail, it is going to meet the ends of justice."

The court imposed following conditions while allowing the petition.

* Accused shall surrender before the Investigating Officer within 20 days from today, failing which this order automatically stands cancelled.

* They shall not tamper with the prosecution witnesses directly or indirectly.

* They shall appear before the Investigating Officer as and when required and co-operate for investigation.

* They shall regularly attend the trial unless exempted by the trial Court for genuine reason.

* They shall mark their attendance before the Investigating Officer once in 15 days in between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.

* They shall not leave the jurisdiction of the Court without prior permission.

Case details: Safwan And State of Karnataka

Case no: CRIMINAL PETITION No.7241/2020

Date of order: 7th DAY OF DECEMBER, 2020

Coram: JUSTICE B.A.PATIL

Appearance:

Advocate Dhananjay Kumar for petitioner.

Advocate Mahesh Shetty for respondents.

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