ಕರರರಟಕ ರರಜಜ ಪಪಲಲಸ

ಪಪಥಮ ವರರಮಮನ ವರದ

(ದದಡಪಪಕಪಯ ಸದಹತ ಕಲದ 154 ರ ಕಳಗ )

ಘನ ರರಜಯರಲಯ : IV Addl CJ(JD) & 5 th JMFC Tumkur,Tumkur

1. ಜಲಲ : Tumakuru ವವತತ/ಉಪ ವಭರಗ : Thilak Park Circle ಪಪಲಲಸ ಠರಣ : Jayanagara PS

ಅಪರರಧ ಸದಖಜ : 0032/2023 ಪಪ.ವ.ವ.ದರರದಕ : 09/02/2023

2. ಕರಯಯ ಮತತತ ಕಲದಗಳತ : IPC 1860 (U/s-429,289,511); PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 (U/s-3,11(1)
(A),11(1) (E),26)

3. (a) ಕವತಜ ನಡದ ದನ : Monday ದರರದಕ ದದದ : 06/02/2023 ದರರದಕ ವರಗ : 06/02/2023

ವಲಳಯದದ : 19:00:00 ವಲಳಯವರಗ : 19:05:00

(b) ಠರಣಯಲಲ ವತರಮರನ ಸಸಲಕರಸದ ದರರದಕ : 09/02/2023 14:15:00 ಬರವಣಗಯಲಲ / ಹಲಳಕ : Written

(c) ಪಯರರದತದರರ / ಬರತತಲದರರ ತಡವರಗ ವರದ ಮರಡದಕಕ ಕರರಣಗಳತ :

(d) ಜನರಲ ಡಡರ ಉಲಲಲಖ ಸದಖಜ ಮತತತ ಸಮಯ : 3 , 14:15:00

4. (a) ಕವತಜ ನಡದ ಸಸಳ :
Apollo Circus Tumakuru to Kunigal road, Oposit, SSR Cack Cornaer, Tumakuru
Town, Tumakuru, Karnataka,
(b) ಪಪಲಲಸ ಠರಣ ಯದದ ಇರತವ ದಕತಕ ಮತತತ ದದರ : Towards West 04 km
(c) ಗರಪಮ : Amarajyothi Nagara ಗಸತನ ಹಸರತ : 4
(d) ಸಸಳವವ ಬಲರ ಪಪಲಲಸ ಠರಣ ವರಜಪತಗ ಬರತವದತಹದತಯ ಆದರ ಆ ಪಪಲಲಸ ಠರಣಯ ಹಸರತ :
ಜಲಲ :
5. ಪಯರರದತದರರ/ಬರತತಲದರರ :
(a) ಹಸರತ : Meet Ashar ತದದ / ಗದಡನ ಹಸರತ : Maneesh Arshar

(b) ವಯಸತಸ : 29 (c) ವವತತ: : Law practitioner

(d) ಧಮರ : Hindu (e) ಜರತ :

(f) ಫರಜಕಸ : (g) ಇ-ಮಲಲ: :

(h) ದದರವರಣ : 7045922028 (i)ರರಷಷಲಯತ : India

(j) ಪರಸ ಪಪಲರರ ಸದಖಜ : ನಲಡದ ದರರದಕ :

 (k) ವಳರಸ : Manager Of Crurlty (l) ಲದಗ : Male

Respons Projects,
PETA India,Juhu
Mumbai , Mumbai
city , Maharashtra

(m) ಪಯರರದತದರರ ಖತದರಯಗ ನದಲಡದಯರ ಅಥವರ ಕಲಳಸಕದದಡದ

ನದಲಡದರಯರ

6. ಗದತತರತವ / ಅನತಮರನತ/ಅಪರಚತ ವಜಕತಯ ಪಪತರ ವವರಗಳತ

ಹಸರತ / ತದದಯ ಹಸರತ / ಜರತ

Sl.No. ವಧ ವಜಕತಯ ವಧ ಲದಗ ವಯಸತಸ ವವತತ
/ ವಳರಸ

Unknown(A1)
1 Unknown
,Apollo Circus Owner ,
Tumakuru to Kunigal
road,Tumakuru Town

7. ನದದದವರ ವವರಗಳತ
Sl.
ಹಸರತ ವಳರಸ ಗರಯದ ವಧ ಲದಗ ವಯಸತಸ ವವತತ
No
Meet Ashar Manager Of Crurlty 29
1 Male Employed in
Respons Projects, PETA years private firms
India, Juhu Mumbai
Mumbai city
Maharashtra

8. ಕಳತವರಗರತವ / ಬರಗಯರಗರತವ ಸಸತತತಗಳ ವವರಗಳತ

Sl.No Property Type Item description Estimated Value (in Rs.)

1 Others Property Description: One Pendriv 0

ಕಳತವರಗರತವ / ಬರಗಯರಗರತವ ಸಸತತತಗಳತ ಮಮಲಜ : 0

9. ಪದಚರರಮ ವರದ / ಯತ.ಡ. ಕಲಸ. ಸದಖಜ :

10. ಪಪಥಮ ವತರಮರನ ವರದಯ ವವರಗಳತ

ದರರದಕ-09/02/2023 ರದದತ ಮಧರಜಹಹ 2-15 ಗದಟಗ ಪಯರರದ Meet Ashar Manager of Cruelty Response Projects,
PETA India Lawyer and Animals Rights Advocate ರವರತ ನಲಡದ ಇದಗಲಲಷ ನಲಲ ಟಡಪ ಮರಡರತವ ದದರತ ಮತತತ ಸರಜದಡ
ಡಸಕ ಪನ ಡಪಡವ ಅನತಹ ಹರಜರತ ಪಡಸದತಯ ದದರನ ಅದಶವಲನದದರ I am writing to you from People for the Ethical
Treatment of Animals (PETA) India to request you to register a First Information Report (FIR) against the
proprietors of ApolloCircus for violations of The Prevention of Cruelty to Animals Act (PCA Act), 1960, and
Rules made thereunderfor using animals for performance without a valid Performing Animals Registration
Certificate (PARC) and for inflicting cruelty on fishes by performing a gruesome act of removing them from
water, gulping them and holding them by a person’s teeth. We further request you to inspect the circus and
seize the animals being used illegally for performances, in accordance with the order of the Hon’ble High
Court of Delhi dated 09 February 2022 (Annexure I) and the letter issued by the ABWI dated 07 February
2023 (Annexure II)
An eyewitness investigations of ApolloCircus on 06thFebruarycurrently camped near Dr. Richards
Pharmaceuticals Pvt Ltd, opposite SSR Cake Corner, TumkurKunigalRoad, 572102 – Tumakuru,
Karnataka, revealed that the circus is illegally usinganimals to perform acts (evidences of photos and
videos are annexed in a pen drive),despite the cancellation of its Performing Animals Registration
Certificate (PARC)on 01 December 2020. This status is evident from the Animal Welfare Board of India
(AWBI) letter dated 28 January2022 (Annexure III).
Further, in one of the acts,three gold fishes were removed from water one by one, making them gasp for
breath, held by a man between his teeth, who then gulped them one by one, and finally regurgitated them
out, in apparentviolation of Section 511 read with 429 of the Indian Penal Code (IPC).
Section 429 of the IPC is reproduced below for ready reference:
Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.—Whoever
commits mis¬chief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule,
buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees
or upwards, shall be punished with imprisonment of either description for a term which may extend to five
years, or with fine, or with both.
Attempt to commit a cognizable offence is a punishable under Section 511 of the IPC. Section 511 of IPC
is reproduced below for ready reference:
Punishment for attempting to commit offences punishable with imprisonment for life or other
imprisonment.—Whoever attempts to commit an offence punishable by this Code with [imprisonment for
life] or imprisonment, or to cause such an offence to be commit¬ted, and in such attempt does any act
towards the commission of the offence, shall, where no express provision is made by this Code for the
punishment of such attempt, be punished with [imprisonment of any description provided for the offence, for
a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the
longest term of imprison¬ment provided for that offence], or with such fine as is provided for the offence, or
with both.
Four dogs who were used for performances unlawfully were handled irresponsibly.All four dogs were
brought on stage on a rope instead of a leash and collar/harness. Three of the four dogs were left
unsupervised by the trainer as he was struggling to control the fourth dog. In the recent past, in complaints
registered by PETA India against the use of animals by circuses in violation of laws, it has been observed
that dogs left unsupervised can be a cause of concern for the audience’s safety. We have witnessed dogs
running into the audience sitting area or fighting with each other on stage, causing probable danger to the
audience, including children. Leaving three dogs off rope, unsupervised, shows negligent conduct with
respect to the animals which could have led to an untoward accident. Accordingly, the provisions of Section
289 of the IPC, 1860 should be invoked.
Section 289 of the IPC, 1860 provides as under-
289. Negligent conduct with respect to animal.—Whoever knowingly or negligently omits to take such order
with any animal in his possession as is sufficient to guard against any probable danger to human life, or any
probable danger of grievous hurt from such animal, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
Keeping fishes in small wine glasses and subjecting them to the treatment stated herein above also
violates the PCA Act 1960 whichstates it is cruelty to animals if any person “[(a) beats, kicks, over-rides,
over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or
suffering or causes or, being the owner permits, any animal to be so treated;”
“[(e) keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in
height, length and breadth to permit the animal a reasonable opportunity for movement;”
Section 3 make it the duty of persons having charge of animals to ensure that animals under their
ownership or care are not subjected to unnecessary pain or suffering. The section reads as follows, “Duties
of persons having charge of animals ― It shall be the duty of every person having the care or charge of any
animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction
upon such animal of unnecessary pain or suffering.”The aforementioned act also violates Section 3 of the
PCA Act, 1960. Owner has been defined under Section 2(f) as - “owner”, used with reference to an animal,
includes not only the owner but also any other person for the time being in possession or custody of the
animal, whether with or without the consent of the owner.
Section 26(a) of the PCA Act, 1960 makes it a punishable offence to use animals for performance sans
registration. The section reads, “If any person― not being registered under this Chapter, exhibits or trains
any performing animal he shall be punishable on conviction with fine which may extend to five hundred
rupees, or with imprisonment which may extend to three months, or with both.”
Rule 3 of the Performing Animals Registration Rules, 2001 makes it an offence to exhibit an animal for
performance without obtaining a valid PARC from the AWBI. Violation of Rules framed under the PCA Act
is punishable under Section 38(3) which states, “If any person contravenes, or abets the contravention of,
any rules made under this section, he shall be punishable with fine which may extend to one hundred
rupees, or with imprisonment for a term which may extend to three months, or with both.”
Reference is invited to AWBI’s letter dated 28 January 2022 (refer Annexure III)addressed to Director
Generals of Police of all States and UTs directing action against circuses whose PARC has been
cancelled by the Board and are yet using animals for performance illegally. The letter also directs seizure
and rehabilitation of animals used for performances illegally.
 Most importantly, the Hon’ble Delhi High Court in PETA India vs Union of India, vide order dated 09
February 2022 directed, in paragraph 6 of the interim order - “It shall be the obligation of the AWBI to take
up the issue with the local police station and the local district magistrate, whenever and wherever it comes
to their knowledge that any unlicensed circus or other person or organisation is holding an animal,
unauthorizedly, so that the animal could be seized and taken in care and custody of either the local/nearest
zoo or in coordination with the petitioner (PETA India) at an appropriate place. We may observe that under
section 32 of the Prevention of Cruelty to Animals Act, it is for the local police to search and seize all such
animals. Dr.Hingurani submits that the petitioner (PETA India) has already volunteered to take care of all
such animals and to provide for them, once they are rescued.”
In this regard, the AWBI, basis our complaint against the ApolloCircus, has issued a letter dated 07
February 2023 whereby it constituted a committee for inspection of the circus and further directed for
seizure and rehabilitation of the animals from the circus – refer Annexure II. This committee includes
representatives from police department for the purpose of carrying out the said enforcement.
In view of the above mentioned facts and circumstances, we request that you register an FIR and seize the
animals in accordance with the aforementioned directions of the Hon’ble Delhi High Court. In light of the
cruelty to animals documented at the circus and the illegalities explained above, we request that an FIR be
registered under the applicable provisions of law including Sections 3, 11(1)(a), 11(1)(e), 26(a) and 38(3) of
the PCA Act, 1960 and Sections 289 and 511 read with 429 of the IPC, 1860. ರಲತರಜ ನಲಡದ ದದರನತಹ ಪಡದತ
ಠರಣರ ಮ ನದ-32/2023 ಕಲದ 3, 11(1)(a), 11(1)(e), 26(a) and 38(3) ಪ ಸ ಎ ಆಕಕ-1960 ಮತತತ ಕಲದ 289,511,429 ಐಪಸ
ರಲತರಜ ಪಪಕರಣ ದರಖಲಸರತತತ.

11. (a) ತಗದತಕದದಡ ಕಪಮ:

Investigation

(b) ಪಪ.ವ.ವರದಯನತಹ ಪಯರರದಯವರಗ ಅವರದ ಭರಷಯಲಲ ವವರಸ, ಓದ ಹಲಳಲರಗದ

ಅದರ ಪಪತಯನತಹ ಪವಕಟಕಯರಗ ಕದಡಲರಗದ? : Yes

(c) ಪಪಲಲಸ ಅಧಕಮರಯಯ ರನಖಗ ಸಸಳಕಕ ಧಮವಸದದದಲಲ ಅಥವಮ ರನಖ ಮಮಡಲಯ ನರಮಕರಸದಲಲ ಕಲಲ
157 ಸ.ಆರ.ಪ.ಸ ಯ ಕಲಲ (ಎ)ಅಥವಮ (ಬ)ಯಡ ಕಮರಣವನಯನ ದಮಖಲಸಬಲಕಯ.
investigation

12. ಪಯರರದಯ ಸಹ/ ಹಬಬರಳನ ಗತರತತತ

13. ರರಜಯರಲಯಕಕ ಕಳತಹಸದ ದರರದಕ ಮತತತ ಸಮಯ : 09/02/2023 14:45:00

14. ರರಜಯರಲಯಕಕ ತಗದತಕದದಡತ ಹದಲದ ಪಸ/ ಹಚ.ಸ : MANJUNATHA K R , PC 815

ಓದ ಹಲಳಲರಗ ಕಲಳಲರಗ ಸರಯದ

ಠರಣರಧಕರರಯ ಸಹ

ಹಸರತ: Anand G - ASI 62

ಪಪತಗಳತ : Superintendent of Police/Commissioner of Police