mumbai when a pet dog bites a man and he dies can its owner be charged with culpable homicide curious as it sounds the bombay high court has been called upon to decide on the issue by a sion resident after pet dogs at his roha farmhouse bit and killed a gardener working there tanaji shedge owns a farmhouse with a bungalow on the rohamangaon road near kolad shedges friend shree subbarao lives and takes care of the property which houses 1415 dogs owned by him tukaram surve the gardener was attacked by some of the dogs on august 21 2015 and he died of his injuries after a public outcry the police booked shedge and subbarao on charges of culpable homicide not amounting to murder section 304 ipc and setting at large ferocious dogs without a muzzle in a public place section 106 bombay police act hearing a petition filed by shedge challenging the culpable homicide fir lodged against him by the roha police a division bench of justices ranjit more and v l achliya on friday told the state to inform the court about its stand and the cases progress additional public prosecutor usha kejriwal told the court that an investigation was on and sought time to take instructions in the matter section 304 comprises a range of offences from causing death due to negligence which carries a prison term of up to two years and culpable homicide with intention or knowledge that can lead to imprisonment of up to 10 years the petition claimed that the police filed the case under public pressure it also claimed that surve went to the area where the dogs were having food and he had got aggressive the charge of culpable homicide can be invoked against a person who has allegedly committed a crime how can it be invoked against an individual for the actions of an animal said advocate nitin sejpal counsel for shedge and subbarao the advocate pointed out that shedge was not even at the property at the time of the alleged offence the duo had got a reprieve from the the sessions court which told the police not to arrest them till the final hearing of their plea for anticipatory bail shedge and subbarao urged that the fir be quashed in their petition before the hc the hc has scheduled the matter for further hearing on february 16