Karnataka High Court Refuses To Enhance ₹1K Fine Imposed On Senior Citizen Woman In Case Over Death Of Street Puppies

The Karnataka High Court has dismissed a plea seeking to enhance a fine of Rs 1,000, imposed by a trial Court on a 72-year-old lady, in a case over the death of eight stray puppies in 2016.

A single judge bench of Justice J M Khazi dismissed the plea filed by Harish K B, an Honorary Animal Welfare Officer, who had lodged a complaint against the accused Pionnamma and sought to challenge the conviction order dated 06.08.2019.

The court upholding the trial court and sessions court order said, “Having regard to the fact that at the time of incident, the accused was aged 65 years and she has admitted her guilt, the trial Court was well within its power to exercise discretion. Now the accused is aged about 72 years. Having regard to these aspects, this Court is of the considered opinion that this is not a fit case to interfere in exercise of the power under Section 397 r/w 401 Cr.P.C.”

As per the complaint given on 15.03.2016, eight puppies were born in front of the house of the accused. It was alleged that being annoyed by their constant noise, the accused kept them in an open site away from their mother. As a result, the puppies could not go back to their mother and they died after two days without getting milk from their mother.

Based on the complaint, the concerned police had registered a case against the accused for the offences punishable under Section 429 IPC, Section 93 of the Karnataka Police Act and Section 11 of the Prevention of Cruelty to Animals Act. After completing the investigation, the concerned police filed a chargesheet against the accused for the above offences.

On service of summons, the accused appeared before the trial Court and pleaded guilty to the charges levelled against her. Following this, the trial court convicted her and imposed a fine of Rs 1,000 under different charges.

The petitioner argued that the punishment imposed was not commensurate with the gravity of the offence committed by the accused. Article 51 (A) (g) of the Constitution of India mandates that it is the duty of every citizen to have compassion for living creatures, it was submitted.

The accused contended that this was her first offence and pled guilty while citing her old age. It was argued that using its discretion, the trial Court rightly imposed the punishment of a fine.

The bench noted that the State had not challenged the said order.

It was held that under Section 372 Cr.P.C, the victim had no right of appeal, challenging the quantum of punishment, since he can only challenge the acquittal or convicting for a lesser offence or imposing inadequate compensation.  "Though it is alleged that the puppies could not go to their mother, it is not clear whether the bitch was also not able to reach her puppies," the bench observed.

Taking into account that the accused pled guilty and the trial Court convicted and sentenced her to pay a fine, the Court dismissed the appeal.

Appearance: Senior Advocate Tomy Sebastin for Advocate Girish Y L for Petitioner.

Advocate Adithya S Kumar for R1.

HCGP Channappa Erappa for R2.

Citation No: 2024 LiveLaw (Kar) 28

Case Title: Harish K B AND Ponnamma & ANR

Case No: Civil Revision Petition No 1344 OF 2019

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