ORDER

Accused No.1 in Crime No.248/2023 registered by

Nanjanagudu Police Station, Mysuru Distirct for the offences punishable under Sections 279, 429 OF IPC, U/S 4, 5, 7,12 of the Karnataka Prevention of Slaughter And Preservation Of Cattle Act, 2022, U/S 11 of Prevention of Cruelty to Animal Act And U/S 196(A)(2) of IMV Act And U/S 51, 56, 57, 96, 97, 98 of Transportation Of Animal Act 1978 is before this Court under

Section 438 of Cr.P.C.

2. Heard the learned counsel for the parties.

3. F.I.R. in Crime No.248/2023 was registered by

Nanjanagudu Rural police, Mysuru District against the petitioner herein for the aforesaid offences on the basis of the report dated 13.11.2023 submitted by Sri.Ramakumar K.S., Sub- inspector of police attached to Nanjanugudu Rural police station. In the report dated 13.11.2023, it is averred that at about 6.00 a.m. when the informant was in the police station, he had received a credible information that a driver of the pick up vehicle bearing Reg.No.KA-09/AA-3185 drove the same in a rash and negligent manner and as a result, the same had fallen in to the channel. Buffalos and calves which were being transported in the said vehicle had suffered injuries and the some of them had died. The informant had gone to the spot and spot mahazer was drawn. It was found that four cattle had died in the incident. It is in this background, FIR in Cr.No.248/2023 was registered against the driver and owner of the said vehicle. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.2240/2023 before the I Additional Sessions Judge, Mysuru which was dismissed on

27.11.2023. Therefore, he is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that trial Court had rejected the bail application of the petitioner on the ground that the petitioner had not produced any material to show that he is the registered owner of the vehicle bearing Reg.No.KA-09/AA- 3185. The petitioner has no criminal antecedents. The incident in question has taken place as a result of accident. Accordingly, he has prayed to allow the petition.

5. Per contra, the learned HCGP has opposed the bail application.

6. The petitioner has produced the documents of the vehicle to show that he is the owner of the aforesaid vehicle. FIR is registered against the owner and driver of the said vehicle. From the perusal of the report submitted by the first informant which had resulted in registration of the FIR in Cr.No.248/2023, it is evident that the vehicle in which the cattle were being transported met with an accident. The petitioner has averred in the petition that the cattle belonging to one Sri. Rajanna was being transported to the animal market at hand post. Undisputedly, the petitioner who has no criminal antecedents. Under these circumstances, I am of the view that the petitioner has made out a prima facie case for grant of anticipatory bail. Accordingly, the following:

ORDER

The petition is allowed.

The respondent - Police or any other Police in the State of

Karnataka are directed to release the petitioner in the event of his arrest in Crime No.248/2023 registered by Nanjanagudu Police Station, Mysuru Distirct for the offences punishable under Sections 279, 429 OF IPC, U/S 4, 5, 7,12 of the Karnataka Prevention Of Slaughter And Preservation Of Cattle Act, 2022, U/S 11 of Prevention of Cruelty to Animal Act And U/S 196(A)(2) of IMV Act And U/S 51, 56, 57, 96, 97, 98 of Transportation Of Animal Act 1978, subject to the following conditions:

1. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.

2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the

Trial Court for valid reasons.

3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before