Driver can't be punished for death of petitioner's pet dog as there is no enmity, says K'taka HC
Bengaluru, Oct 29: The Karnataka High Court has quashed a case pending in a lower court against a car driver who was charged under various sections of the Indian Penal Code (IPC) and Motor Vehicles Act for causing an accident that led to the death of a petitioner's pet dog.
Prathap Kumar G was driving his sports utility vehicle (SUV) in Vijayanagar, Bengaluru, on February 24, 2018 when his car hit a pet dog named Memphi. Dhiraj Rakheja, whose mother was taking the dog for a walk, filed a complaint.
The Vijayanagar police investigating officer conducted the investigation and filed a charge sheet against the petitioner for offences under Section 134(A & B) and 187 of the Motor Vehicles Act, and Sections 279, 428, and 429 of IPC. The case was pending before the Metropolitan Magistrate Traffic Court-II, Bengaluru.
Quashing the case pending before the lower court, Justice Suraj Govindraj in his October 21 judgement said, "Having come to a conclusion that there is no offence made out under Section 134 (a) and (b) of M.V Act, Section 187 of M.V Act, Section 279 of IPC as also under Section 428 and 429 of IPC, I am of the considered opinion that the continuation of the criminal proceedings would only be an abuse of process of court and would cause injustice to the petitioner to suffer the ignominy of a criminal trial."
On the question of whether an offence under Section 134 (A & B) of the Motor Vehicles Act, 1988 would get attracted in the event of an accident involving a pet animal, the High Court said, "I am of the considered opinion that the said provision relates only to injury to a person, a dog or animal not being a person would not come within the ambit of Section 134 (a) and (b) of M.V Act. This section deals with 'Duty of driver in case of accident and injury to a person'."
The charge under Section 187 (punishment for offences relating to accident) was also rejected for the same reason.
Rejecting the claim under Section 279 (rash driving or riding on a public way), the High Court said: "In the present circumstances, the penal provision of Section 279 of IPC if read and understood in its literal sense which is the interpretation required to be given to all penal provisions, endangering a pet or causing hurt or injury to a pet/animal would not be one, which is punishable under Section 279 of IPC."
The court said that the only offence if at all is attributed would likely be under Section 428 (mischief) or Section 429 (mischief by killing an animal whose value is above Rs 50) of the IPC.
"It is required that there must be mens rea or animus for the accused to have committed such an offence. Admittedly, the petitioner is not known to the complainant and/or his family members nor that the petitioner has any enmity with the deceased pet dog Memphi. Hence, there cannot be any animus said to be existence in the petitioner to cause the death of the said pet Memphi," the High Court stated.
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ISI-backed espionage module busted, 11 held; CCTV used to track Indian Army routes
New Delhi (PTI): An espionage network with direct links to Pakistan has been unearthed, revealing how handlers across the border were remotely monitoring real-time movement of Indian Army personnel through a covert grid of solar-powered CCTV cameras installed at strategically sensitive locations across northern India, an official said on Friday.
The surveillance network spanned key cities including Kapurthala, Jalandhar, Pathankot, Patiala and Moga in Punjab, Ambala in Haryana, Kathua in Jammu and Kashmir, and Bikaner and Alwar in Rajasthan -- all of which are crucial due to the presence of Army cantonments, proximity to the international border and their role as major troop movement and logistics corridors.
According to police, the cameras were deliberately positioned to capture activities near military installations, highways used for troop mobilisation and border-linked infrastructure.
What makes the operation particularly alarming is that these devices were transmitting live footage directly to Pakistan-based handlers, allowing them to "sit across the border and watch Indian Army movements unfold in real time".
The module, busted by the Special Cell of the Delhi Police in a coordinated operation, led to the arrest of 11 accused involved in espionage, arms smuggling and reconnaissance activities.
The accused have been identified as Manpreet Singh, a resident of Tarn Taran in Punjab; Anmol and Sahil of Firozpur in Punjab; Atul Rathee, Rohit and Ajay from Delhi; Gurjeet of Kapurthala; Rimpledeep of Fazilka; Salwinder alias Kalu and Boota Singh of Fazilka in Punjab; and Harpreet of Moga in Punjab.
Investigators said the network was operating under instructions from Pakistan's intelligence agency, with operatives on the ground tasked with installing surveillance equipment and relaying sensitive visuals.
The use of solar-powered CCTV cameras ensured uninterrupted surveillance even in remote or low-access areas, making detection difficult and allowing the network to function continuously without relying on conventional power sources.
"The cameras were fitted with SIM cards procured using fake identities and were linked to mobile applications, enabling seamless real-time transmission of footage across the border," Additional Commissioner of Police (Special Cell) Pramod Singh Kushwah said.
The police said the accused had conducted detailed reconnaissance before installing the devices, carefully selecting vantage points that offered clear visibility of Army cantonments, border roads and movement routes of security forces. The footage was then analysed by handlers in Pakistan to map patterns, assess vulnerabilities and potentially plan further activities.
"The intention was not just passive surveillance but strategic monitoring of defence movement patterns over a period of time," the officer said, adding that such inputs could have been used for planning terror strikes or facilitating cross-border operations.
"The crackdown was carried out in two phases. In the first operation, six accused were arrested from Punjab and Delhi, with the recovery of nine CCTV cameras, four pistols, including three foreign-made weapons, and 24 live cartridges. The second phase, based on inputs from military intelligence, led to the arrest of five more operatives actively involved in reconnaissance and data sharing," the Additional CP said.
"One of the key accused, Manpreet Singh from Punjab, was found to be in direct contact with Pakistan-based handlers and played a central role in coordinating communication and facilitating the movement of illegal arms. Others, including field operatives, were responsible for physically installing the cameras and maintaining the network on the ground," the officer said.
The police said the bust has potentially averted a major security threat, as inputs suggest that the module was also exploring plans to target security establishments using explosives and other means. The integration of espionage with arms trafficking and terror planning points to a larger and well-coordinated conspiracy backed by external elements.
Security agencies are now analysing digital evidence, including mobile phones and data retrieved from the CCTV systems, to identify further links, handlers and sleeper cells.
The probe is ongoing, with officials not ruling out more arrests in the coming days.
Sharing the profile of the accused, the officer said that Manpreet Singh has completed BCA. He came in contact with the Pak handlers through an encrypted app.
Anmol, a 10th pass, is engaged in wallpaper pasting work. He installed CCTV cameras at nine locations with the help of his associate Sahil.
Sahil is a 12th pass, engaged in wallpaper pasting work. He assisted Anmol in fixing cameras.
Atul Rathee, with a master's degree in business from New Zealand, received four foreign-made pistols from Manpreet and three country-made pistols from an arms trafficker.
Rohit holds a master's degree in business. He accompanied Atul Rathee to receive arms from Punjab.
Ajay, a graduate, received a country-made pistol from Rohit.
Gurjeet Singh, who has studied up to the 12th standard, established contact with Pak-based handlers through his cousin who was engaged in cross-border narco smuggling. He conducted reconnaissance of Army Cantt and shared photos and videos with the Pak handler.
Rimpledeep Singh, who has studied up to the 12th standard, collected and shared sensitive information, including images and videos of Army and BSF Camps.
Harpreet Singh alias Happy, who completed his education up to 10th standard, acted on the instructions of the Pak handler to facilitate drug trafficking across the international border and planned installations of the solar-powered CCTV cameras.
Salwinder Singh alias Kalu, who has studied up to the 10th standard, is presently working as a DJ operator. He accompanied Rimpledeep Singh in conducting reconnaissance and assisting in sharing photos and videos of the Army and paramilitary installations.
Boota Singh has passed 12th and was involved in cross-border smuggling of narcotics.
