'Such Cases Clog Courts': Karnataka High Court's Prima Facie View On Lawyer's Complaint Alleging Attack By Senior Citizen's 10 Dogs

The Karnataka High Court on Wednesday (August 18) termed 'prima facie frivolous' a criminal case against a senior citizen, which had resulted in the denial of her passport renewal, over a lawyer's complaint alleging that her 10 dogs had attacked him.

Observing that such cases have clogged criminal courts and prevented regular cases from proceeding, Justice M Nagaprasanna granted the complainant a final opportunity to appear before passing of orders on the elderly woman's plea seeking quashing of the proceedings.

The petitioner, who owns 10 Golden Retrievers, approached the High Court after she was unable to renew her passport because of the pendency of the criminal case before Magistrate Court for an offence under Section 289 of the IPC (negligent conduct with respect to animals).

According to her, she was completely unaware of the complaint until it was flagged by the passport authorities.

Noting that the complainant (respondent) was not represented despite service of notice, the Court recorded:

“…Learned counsel Vaishali Hegde appearing for the petitioner, submits that there is no representation on behalf of respondent no.2. The petitioner's counsel takes this court through documents appended to the petition to demonstrate a prima facie frivolous case before the concerned court. In the considered view of this court, albeit prima facie, that such cases have clogged the criminal courts, not permitting regular cases to go on. List on Tuesday in fresh matters list...”

Appearing for the petitioner, Advocate Vaishali Hegde argued that the complaint was manifestly frivolous and amounted to an abuse of the process of law. She pointed out that the complainant had alleged that the incident took place on November 28, 2021, a Sunday, while also claiming that he was on his way to court.

“…He says he was on the way to court. The dogs didn't attack him. This could not have happened on a Sunday”, Hegde argued.

She also highlighted several alleged inconsistencies in the complaint. According to the petitioner, the spot inspection of the alleged incident was conducted nearly five months later, on April 24, 2022. It was further argued that the date of the alleged incident had subsequently been changed and the number of dogs allegedly involved was reduced from 10 to five.

The petitioner iterated that she is a law-abiding senior citizen who regularly walks her 10 well-trained Golden Retrievers in Cubbon Park, and they are known as well-behaved to regular park-goers.

“…The complaint says 10 dogs attacked him…. I am now the accused because also own 10 dogs… The petitioner is unattached and a senior citizen. She has a property right next to a prestigious school; they have been prejudicing her to sell this property. The dogs have been harassed day in and day out. Such kind of cases are being filed”, the counsel added.

Counsel further submitted that the complaint had been pending for several years and that the complainant had allegedly not appeared before the trial court either. It was further claimed that the petitioner was being harassed over her property located next to a prestigious school.

The High Court, however, did not immediately quash the proceedings. Instead, it granted the complainant a final opportunity to appear in the petition filed under Section 482 of the CrPC.

“…Will not ask who let the dogs out.. but one opportunity maybe granted, if he[complainant] doesn't appear, we will pass orders on next date”, the court orally remarked.

The Court has listed the matter for further hearing on Tuesday [August 25], with the stay on the trial court proceedings continuing until the next date.

Case Title:  Sangeetha Mehrotra vs. State of Karnataka & Anr.

Case No.: CRL.P No. 9793/2025