A person accused of an offence is entitled to bail if the allegations against him are not of a serious nature, he is not required for further investigation, and his detention in custody would amount to an infringement of his right to life and liberty.

The petitioner-accused No.2 is before this Court seeking

grant of bail under Section 439 of Cr.P.C. in Crime

No.176/2022 of Udayagiri Police Station, pending on the file of

the II Additional Civil Judge (Jr.Dn) and JMFC Court, Mysore

City, registered for the offences punishable under Sections 4, 7

and 12 of the Karnataka Prevention of Slaughter and

Preservation of Cattle Ordinance, 2020 and Section 11(1)(D) of

the Prevention of Cruelty to Animals Act, 1960, on the basis of

the first information lodged by the informant-P.K.Raju.

2.

Heard Sri.Afroz Pasha, learned Counsel for the

petitioner and Sri.K.Rahul Rai, learned High Court Government

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Pleader for the respondent-State. Perused the materials on

record.

3.

Learned Counsel for the petitioner submitted that

the petitioner is arrayed as accused No.2. He is innocent and

has not committed any offences as alleged. He has been falsely

implicated in the matter without any basis. He was

apprehended on 15.11.2022 and since then he is in judicial

custody. He further submitted that accused Nos.1 and 2

alleged to have kept 14 cattle in a room for the purpose of

slaughtering. Accused No.1 ran away from the spot and the

petitioner was caught red handed. No weapons were seized to

contend that the cattle were kept for slaughtering. The alleged

offences are neither punishable with death or imprisonment for

life. The petitioner is not required for further investigation.

The detention of the petitioner in custody would amount to pre-

trial punishment. The petitioner is the permanent resident of

the address mentioned in the cause title to the petition and is

ready and willing to abide by any of the conditions that would

be imposed by this Court. Hence, he prays to allow the

petition.

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4.

Per contra, learned High Court Government Pleader

opposing the petition submitted that serious allegations are

made against the petitioner for having committed the offences.

In all, 14 cattle were kept in a very cruel manner, for the

purpose of slaughtering. Accused No.1 ran away from the

scene and he is still absconding. Investigation is still under

progress. Looking to the facts and circumstances of the case,

the petitioner is not entitled for grant of bail. Hence, he prays

for dismissal of the petition.

5.

In view of the rival contentions urged by the

learned counsel for both the parties, the point that would arise

for my consideration is:

“Whether the petitioner is entitled

for grant of bail under Section 439 of

Cr.P.C.?”

My answer to the above point is in ‘Affirmative’ for the

following:

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R E A S O N S

6.

The allegations made against the petitioner is of

serious nature. Admittedly, the petitioner was apprehended at

the spot, where 14 cattle were kept in a cruel manner for the

purpose of slaughtering. The petitioner is in judicial custody

from 15.11.2022, admittedly, he is not required for further

investigation. Merely because accused No.1 is absconding, the

same cannot be a ground to detain accused No.2 in custody.

Detention of the petitioner in custody would amount to

infringement to his right to life and liberty. Hence, I am of the

opinion that the petitioner is entitled to be enlarged on bail

subject to conditions.

7.

Accordingly, I answer the above point in the

affirmative and proceed to pass the following:

ORDER

The petition is allowed.

The petitioner is ordered to be enlarged on bail in Crime

No.176/2022 of Udayagiri Police Station, pending in II

Additional Civil Judge (Jr.Dn) and JMFC Court, Mysore City, on

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obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two

Lakhs only) with two sureties for the likesum to the satisfaction

of the jurisdictional Court, subject to the following conditions:

a)

The petitioner shall not commit similar

offences.

b)

The petitioner shall not threaten or tamper

with the prosecution witnesses.

c)

The petitioner shall appear before the Court

as and when required.

If in case, the petitioner violates any of the