The court ruled that ownership claims must be substantiated for custody release of animals, prioritizing animal welfare considerations.

ORDER :

(S.R. KRISHNA KUMAR, J.)

In this petition, petitioner seeks the following relief:

"WHEREFORE, petitioners humbly prays that this Hon'ble court may be pleased to set aside order passed by the Hon'ble Prl. District and Sessions Judge, Chikkaballapura in Crl.R.P.No.31/2024 dated 24/10/2024, and pass the order directing the respondent No.1 to 3 to handover the custody of the 19 cattle to Namma Nadu Gaushala, Naduvanahalli Village, Gudibande Taluku, Chikkaballapura District for care and maintenance, thereby allow the above petition, in the interest of justice."

2. A perusal of the material on record will indicate that on 27.07.2024, the container lorry bearing number KA-52-B-0299 was intercepted resulting in custody of 19 cattle being taken by respondent No.4 - Police Authorities, which registered an FIR in Crime No.313 of 2024 against one Girish and Imam Husen - accused Nos.1 and 2 for alleged offences punishable under Section 325 of the Bharatiya Nyaya Sanhita ( BNS ), 2023, Section 11 (1) of Prevention of Cruelty to Animals Act, 1960, Sections 4 , 5 and 12 of the KARNATAKA PREVENTION OF SLAUGHTER AND PRESERVATION OF CATTLE ORDINANCE , 2020, Section 192(A), 177 of Indian Motor Vehicles Act, 1988. In the said proceedings, respondent Nos.1 to 3 filed an application in C.R.No.313/2024 under Section 4 97 and 503 of BNS S, 2023 seeking interim release / custody of the seized cattle. By order dated 26.09.2024, the learned Magistrate rejected the said application filed by respondent Nos. 1 to 3, who approached the Revisional Court in Crl.Rev.Petition No.31 of 2024, which was allowed by the Sessions Court vide impugned order dated 24.10.2024 by holding as under:

"ORDER

This memorandum of petition under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is filed by the petitioner seeking for setting aside the impugned order dated 26.09.2024 passed in Bagepalli PS Crime No. 313/2024 by Civil Judge & JMFC, Bagepalli.

2. The brief facts of the case as averred in the petition is that, the respondent police have registered the crime No. 313/2024 against the accused No.1 and 2 for the offences punishable under Section 325 of the Bharatiya Nyaya Sanhita, 2023, under Section 11 (1) of Prevention of Cruelty to Animals Act 1960, under Sections 4 , 5 and 12 of KARNATAKA PREVENTION OF SLAUGHTER AND PRESERVATION OF CATTLE ORDINANCE , 2020 and under Sections 177, 192(A) of Indian Motor Vehicles Act, 1988 alleging that on 27.07.2024 at about 4:30 am when the complainant and her staff were on night patrolling duty in Bagepalli town received credible information about illegal transportation of cattle from Gangavati of Kopal District to Thamasanahalli village of Hosakote taluk via Bagepalli and accordingly she and her staff were waiting near MRF Tyre showroom on DVG road at about 5:00 am, a Echar goods vehicle bearing Reg. No. KA- 42/B 0299 came from TB Cross side and on inspection they found transporting of 19 cattle ie., cows and oxen in the said vehicle in cruelty without providing food and water to them and without any pass or permit and thereby they seized the same and registered the aforesaid case against the owner and driver of the said vehicle. The petitioners are innocent agriculturist and they have not committed any offences as alleged. The petitioners are the owners of the cattle and they are purchased the said cows and oxen at APMC market, Koppal and producing the receipts bearing No. 005706, 005707 and 005708 and the respondent police have seized the said cattle under PF No. 275/2024 dated 29.08.2024. The petitioners are the owners of the said cattle and they are required the same for their day to day work as they are agriculturist and depending upon the said cows and oxen for their daily work. The petitioners have moved application before the Civil Judge & JMFC, B