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Karnataka High Court calls dog-attack case against senior citizen prima facie frivolous
Karnataka High Court calls dog-attack case against senior citizen prima facie frivolous
The Karnataka High Court on Wednesday termed a criminal case against a senior citizen who owns 10 Golden Retrievers as 'prima facie frivolous', stopping just short of quashing it. Justice M Nagaprasanna observed that such cases have clogged criminal courts and prevented regular cases from proceeding.
The petitioner, Sangeetha Mehrotra, was unable to renew her passport because of the pending case under Section 289 IPC (negligent conduct with animals) filed by a lawyer who claimed her dogs attacked him near Cubbon Park on a Sunday in 2021. Her counsel argued that the complainant said he was on his way to court that day, but November 28, 2021 was a Sunday. The spot inspection was conducted five months later, and the alleged date and number of dogs were repeatedly changed.
The court did not immediately quash the proceedings but granted the complainant a final opportunity to appear. If he does not attend on Tuesday (August 25), the court will pass orders. The trial court proceedings remain stayed until then.
Indian Opinion Analysis
Section 289 IPC, which punishes negligent conduct with animals, is a bailable offence rarely invoked in urban settings, its use here highlights how civil property disputes can be weaponised via criminal complaints. The court's remark about clogged criminal courts is significant: India's magistrates courts are burdened with over 3 crore pending cases, and trivial complaints slow serious trials. If the complainant fails to appear on Tuesday, the court will likely quash the proceedings entirely, clearing the woman's passport renewal and setting a precedent against misuse of animal-negligence laws in neighbour disputes. The real question is whether the senior citizen's property near a prestigious school, not the dogs, is the actual target of the litigation.
Source: livelaw.in
This story was synthesised by AI from the source linked above. Methodology and corrections.
