ORDER : 1. The present criminal revision case is filed aggrieved by the order dated 10.01.2024 passed in Crl. M.P. No. 883 of 2023, in connection with Crime No. 216 of 2023 of Kadapa Taluk Police Station, on the file of II Additional Judicial Magistrate of First Class, Kadapa, whereby the petition filed by the revision petitioner under Sections 451 & 457 of Cr.P.C. seeking interim custody of the cattle (seized cows and calves) was dismissed. 2. It is the case of the petitioner that 73 cows belonging to him were seized by the 1st respondent police from the backyard of the 2nd respondent-accused/Arabic School (Madrasa) Management. The said cattle were kept on the premises to provide water after grazing and regular grass feeding. The de facto complainant lodged a complaint with the police on the impression that the cows might have been kept for slaughtering because of the Bakrid Festival. On suspicion, the police acted on the complaint, seized the cows and calves, and transported 47 cows to the Goshala and seven cows to the shed maintained by Kadapa Municipal Corporation. The petitioner has purchased the cows to fetch income by selling their milk and cattle manure which is used for the agriculture fields. Immediately after the seizure, he approached the police and requested them to release the cattle. Then, the police informed him that the cattle would be released one week after the Bakrid festival to avoid the scope of slaughtering during the festival. Thereafter, he slipped in the agriculture field, sustained an injury to his backbone and was bed ridden and due to the said injury, he could not move a petition for the release of the cattle. It is also the case of the petitioner that the investigation was completed and the police had filed receipts before the Court regarding seizure of several cattle. 3. A counter affidavit was filed on behalf of the 1st respondent stating that on 17.06.2023 the de facto complainant, Musalaiahgari Gandi Reddy, who is the President of the Hindu Charitable Institution, Kadapa, lodged a complaint with the police stating that on 17.06.2023 he proceeded to Kamalapuram village and when he reached M.J. Function Hall, he found a herd of cows tied in a shed within the Madrasa premises and informed about the same to Hindu Chaitanya Vedika members over phone.
Later, the members of the Hindu Chaitanya Vedika and the de facto complainant entered the premises and counted the cows and calves. On enquiry, they learnt that the cows were brought and stalled for slaughtering on the eve of Bakrid festival and informed of the same to police. The police came there and handed over seven cows to the Municipal Corporation and the remaining cows to Brahmini Goshala and preferred a report. Based on the informant's report, a case was registered in Cr. No. 216 of 2023 for the offences punishable under Sections 5 and 6 read with Section 10 of A.P. Prohibition of Cow Slaughter and Animal Preservation Act, 1977. 4. Heard Sri S. Madhava Rao, learned counsel for the petitioner, and learned Assistant Public Prosecutor appearing for the 1st respondent. 5. The learned counsel for the petitioner submits that the seized cows and calves in connection with the above crime belonged to the petitioner. The petitioner purchased the cows to eke out his livelihood by selling the milk and cattle manure. The petitioner has been looking after the cattle with due care. The de facto complainant appears to have lodged the complaint on the impression that the cows were kept in the backyard of the 2nd respondent Arabic school and that the cows were kept there for slaughtering purpose on account of Bakrid festival. The 2nd respondent is not concerned with the seized cattle, as the cattle exclusively belonged to the petitioner. The investigation was also completed and the police filed a report before the Court regarding several cattle seized by them. The cattle are very essential for the petitioner’s livelihood. He therefore prayed to grant interim custody of the seized cattle. 6.
The 2nd respondent is not concerned with the seized cattle, as the cattle exclusively belonged to the petitioner. The investigation was also completed and the police filed a report before the Court regarding several cattle seized by them. The cattle are very essential for the petitioner’s livelihood. He therefore prayed to grant interim custody of the seized cattle. 6. During pendency of the present revision case, the petitioner has also filed an affidavit before this Court stating that he is owner of the cows seized by the police in the above case (54 cows including calves of cows), that he has a house bearing Door No. 105/19 in Rayalapanthulapalli, Chinthakonmmadinne Village and Mandal, Kadapa District, that at a distance of 250 yards from his home, there is vacant poramboke land measuring about 4 or 5 cents, that he raised thorny fencing around the land and he is using the same as cattle compound, that the cattle will be taken out from the cattle compound to different fields for grazing purposes and thereafter, the cattle will be brought back to the compound, that the neighbouring farmers would also take the cattle to their fields and make them stay overnight to excrete dung, and that he has also undertaken to produce the cattle before the trial Court as and when required and he would not dispose off the cattle nor send the cows for slaughtering purpose pending disposal of the case. 7. This Court, by orders dated 03.04.2024, directed the Station House Officer concerned to verify the correctness of the statement of the petitioner and submit a report. Accordingly, a memo was filed by the Public Prosecutor on 01.05.2024 along with the report of the Station House Officer, Kadapa Taluk P.S. wherein it is stated that the Station House Officer has visited Rayapanthulapalli Village and verified the antecedents and found that the petitioner constructed a new house bearing D. No. 105/19 and residing in the said house for the last ten years, that he had also enquired about the site which is being utilized by the petitioner as a cattle shed, and that the elders also said that there is a poramboku site within a distance of 250 yards from the house of the petitioner and the petitioner used to keep the cattle in the said site during the night hours and used to take them in the early hours for grazing.
A certificate from the concerned Ward Administrative Secretary, Alamkhanapalli and the statements of the village elders recorded by the Station House Officer are also enclosed along with the report. 8. Having considered the facts and circumstances of the case and the submissions of learned counsel for the petitioner and learned Assistant Public Prosecutor, this Court is inclined to dispose of the revision case with the following directions: 1. The 1st respondent police shall release the 54 scheduled cows to the petitioner and the petitioner shall maintain the cows by giving sufficient food and water. 2. The 1st respondent police shall conduct panchanama before the President of the Brahmani Goshala, Vampallicherevu village, Cudddapah District, by identifying each cow and marking the same with a seal and label. 3. The petitioner shall take the scheduled cows to the veterinary hospital at his expenses for examination by the veterinary doctor regarding their age and health condition of the cows and the report of the veterinary doctor shall be submitted to the 1st respondent police. 4. The petitioner shall inform the S.H.O. concerned regarding death or any other ill health of the cows and on such incident, the S.H.O. shall conduct panchanama and submit report to Court. 5. The petitioner shall execute a personal bond of Rs.5,00,000/- (Rupees five lakh only) with two local sureties by executing their personal bonds likewise for which the petitioner and sureties are jointly and severally liable if there is any violation against the released scheduled cows. 9. The Criminal Revision Case is accordingly disposed of. 10. As a sequel, the miscellaneous applications, if any are pending, shall stand closed.