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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Gau Gyan Foundation, Rep By Sanjay Kulkarni, S/o. Suresh Rao Kulkarni – Appellant
Versus
Govindagowda, S/o. Balappa Gowda – Respondent
| Table of Content |
|---|
| 1. petitioners seek custody of cattle. (Para 2) |
| 2. respondents argue against petition's merit. (Para 3 , 4) |
| 3. court's reasoning on cattle ownership. (Para 5) |
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 Cruel
The court ruled that ownership claims must be substantiated for custody release of animals, prioritizing animal welfare considerations.
Section 11(5) provides that “on receipt of the report, the Judicial Magistrate 1st Class may, on his being satisfied that there is enough material to presume that a prima-facie offence under this Act....
Custody of animals under the PCA Act must prioritize their welfare, and ownership must be substantiated to prevent further cruelty; interim custody cannot be granted based on forged ownership documen....
Point of Law : Section 451 Cr.P.C. it appears that unless owner of the animal in respect of which he is facing prosecution, is deprived of the custody (which can be done only on his conviction under ....
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