Anticipatory bail granted with conditions to the first accused, while denying it to the second due to prior criminal history.

ORAL ORDER

Accused Nos.1 and 2 in Cr.No.12/2025, registered by the Jayalakshmipuram police station, Mysore for the offences punishable under Section 4 ,5,7 and 12 of Karnataka Prevention of Cow Slaughter and Cattle Prevention Act , 2020, Section 11 of Prevention Of Cruelty Of Animal Act, 1960 and Section 5 6 and 57 of Transportation Of Animal Act, 1978 are before this Court under Section 4 82 of Bharatiya Nyaya Suraksha Sanhita (for short ‘BNSS’), 2023, seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. First Information Report in Cr.No.12/2025 was registered by the Jayalakshmipuram police station, Mysuru for the aforesaid offences against the petitioners herein based on the first information dated 25.02.2025 received from Dhanaraju, Police Officer attached to Jayalkshmipuram police station.

4. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.343/2025 which was rejected by the jurisdictional Sessions Court on

19.03.2025. Therefore, they are before this Court.

5. Learned counsel for the petitioners having reiterated the petition averments has prayed to allow the petition.

6. Per contra, learned High Court Government Pleader, who has opposed the petition submits that accused No.2 is a person with similar criminal antecedent.

Therefore, his bail application needs to be rejected.

7. At this stage, learned counsel for the petitioners submits that petition as against accused No.2/petitioner No.2 may be dismissed as not pressed with liberty to the said accused to surrender before the jurisdictional Court and file necessary application seeking regular bail.

8. Perusal of the averments found in the first information would go to show that on 25.02.2025 when the first informant was on duty he had intercepted a goods vehicle bearing registration No.K.A.45-A-0449 and found that in the said vehicle two cows and a calf were being transported. Accused No.1 who was driving the said vehicle allegedly informed first informant that at the instance of accused No.2, he was transporting the cows and the calf.

9. Material on record would go to show that accused No.2 is a person with criminal antecedent and he is involved in two other criminal cases registered for similar offences. Petitioner No.1/accused No.1 was the driver of the vehicle and on instructions of accused No.2, he was transporting the cows and the calf.

10. Undisputedly, petitioner No.1/accused No.1 has no criminal antecedent. Even otherwise when the vehicle in which the cows and the calf were being transported was intercepted by the police, the vehicle was stopped by the petitioner who was driving the vehicle and he had cooperated with the police. The police had not arrested the accused No.1/petitioner No.1, but had only seized the vehicle along with the cows and calf and thereafter FIR was registered against the accused. Under the circumstances, prayer made by the petitioner No.1/accused No.1 for grant of anticipatory bail needs to be answered affirmatively.

11. Accordingly, following:

ORDER

(i) Criminal petition is allowed in part.

(ii) Criminal petition insofar as it relates to accused No.1/petitioner No.1 is allowed and is dismissed as withdrawn as against accused No.2/petitioner No.2 with liberty to accused No.2/petitioner No.2 to surrender before the jurisdictional Court and file the necessary application seeking regular bail.

(iii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner No.1/accused No.1 in the event of his arrest in Crime No. 12/2025, registered by the Jayalakshmipuram police station, Mysore for the offences punishable under Section 4 , 5, 7 and 1