The Karnataka High Court has granted anticipatory bail to an accused alleged to have been selling beef in his mutton shop, as the alleged offences were not punishable either with death or imprisonment for life.

“The offences alleged are not punishable either with death or imprisonment for life. The petitioner has came forward to assist the investigation. Accused Nos.1 and 2 were already arrested and released on bail by the Trial Court. Hence, sufficient grounds made out for grant of pre-arrest bail to the petitioner by imposing conditions”, Justice T.G. Shivashankare Gowda observed in the matter.

Advocate S Tejas appeared for the petitioner-accused while Advocate Rahul Rai, HCGP, appeared for the respondent-State.

In the present matter, as per the allegation, the two accused persons were transporting beef in an auto rickshaw when they were intercepted by the police. Upon interrogation, divulged the name of the petitioner as the person who sold the beef to them.

Consequently, a case was registered for the offences punishable under Sections 429 of IPC and under Sections 4, 5, 7, 11 and 12 of Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020. The matter is pending before the Principal Civil Judge (Jr.Dn) and JMFC Court, Hosakote, Bengaluru Rural District.

The counsel for the petitioner, in the petition under Section 438 of CrPC, contended that the accused who ran a mutton shop, is a specially challenged person having 60% disability. Furthermore, he was arrayed as an accused on the statement of two accused before the police that they have purchased beef from the petitioner. There is no recovery of beef from the custody of the petitioner, and that he is ready to abide by any conditions.

The respondents, however, contended that as the act of selling beef at the mutton shop needs proper investigation, therefore the petitioner’s custodial interrogation would be necessary, and to facilitate the same he should not be granted anticipatory bail.

The bench further noted, that the disability certificate issued by the Medical Board, Bangalore did substantiate that the petitioner is suffering from 60% physical disability.

Accordingly, the Court, after giving consideration to the submissions made and the nature of the offences alleged, granted anticipatory bail to the accused subject to execution of a personal bond for a sum of Rs. 1,00,000/-.

Cause Title: Hyder Ali v. State of Karnataka

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Justice T.G. Shivashankare Gowda

Agatha Shukla