THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12432 of 2025

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking to set- aside the orders dated 10.07.2024 passed in Crl.M.P.No.114 of 2024 granting interim custody of the vehicle to the petitioner therein.

2. Heard Sri G.L.Narasimha Rao, learned counsel for the petitioner as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-

State.

3. Learned counsel for the petitioner submits that the petitioner is representing Goshala and that interim custody of animals is given to the said Goshala and to meet the expenses of maintaining the said animals, under Rule 5(4) of Prevention of Cruelty to Animals Act, 1960, the Magistrate should have directed that the vehicle should be held as a security. But instead, the Trial Court has granted the interim custody of the vehicle to its owner. Rule 5 of Prevention of Cruelty to Animals Act, 1960 is extracted hereunder for the sake of reference.

“5. Execution of bond:- (1) The Magistrate when handing over the custody of animal to an infirmary, pinjarapole,