Karnataka High Court
Yuvaraj S/O D Basavaraj vs The State Of Karnataka on 22 May, 2023
Author: V.Srishananda
Bench: V.Srishananda
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CRL.P No. 100735 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 100735 OF 2023 (438)
BETWEEN:
YUVARAJ S/O D. BASAVARAJ,
AGE: 34 YEARS,
OCC: BUSINESS,
R/O: 15TH WARD, HOUSE NO.114
GONAL ROAD,
NEAR SOCIETY RICE MILL
MILLERPET, ROOPANGUDI ROAD,
BALLARI,
TQ AND DIST: BALLARI.
...PETITIONER
(BY SRI. L. S. SULLAD, ADVOCATE)
AND:
CHANDRASHEKAR THE STATE OF KARNATAKA,
LAXMAN
KATTIMANI THROUGH BALLARY RURAL POLICE STATION,
Digitally signed by SIRAGUPPA SUB-DIVISION, BALLARI.
CHANDRASHEKAR
LAXMAN KATTIMANI REPRESENTED HGP,
Date: 2023.05.24
10:46:42 -0700 DHARWAD BENCH,
HIGH COURT OF KARNATAKA,
DHARWAD.
...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF
CR.P.C. SEEKING TO DIRECT THE RESPONDENT POLICE TO
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CRL.P No. 100735 of 2023
RELEASE THE PETITIONER/ACCUSED NO.2 ON THE BAIL IN
EVENT OF HIS ARREST IN BALLARI RURAL POLICE STATION
CRIME NO. 0034/2023 ALLEGING U/SEC. 3, 7 ESSENTIAL
COMMODITIES ACT, 1955, U/SEC 3, 4, 12, 18, 19 AND
KARNATAKA ESSENTIAL COMMODITIES (PUBLIC
DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 1981 AND
U/SEC. 3(2)(i), 4, 6, 8 OF KARNATAKA ESSENTIAL
COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE
NOTIFICATION) ORDER 1981 ON THE FILE OF III ADDL. CIVIL
JUDGE (JUNIOR DIVISION) AND JMFC COURT BALLARI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri L.S.Sullad, learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the records.
2. The present petition is filed under Section 438 of Cr.P.C. with the following prayer :-
"To direct the respondent police to release the petitioner/accused no.2 on the bail in event of his arrest in Ballari Rural Police Station Crime No.0034/2023 alleging u/sec. 3, 7 Essential -3- CRL.P No. 100735 of 2023 Commodities Act, 1955, u/sec 3, 4, 12, 18, 19 and Karnataka Essential Commodities (Public Distribution System) Public Control Order 1981 and u/sec. 3(2)(i), 4, 6,8 of Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order 1981 on the file of III Addl. Civil Judge (Junior Division) and JMFC Court Ballari."
3. The brief facts of the case are as under :-
Complainant-Sharanabasayya who is a government official had definite information that somebody is transporting the rice illegally which is meant for public distribution system and intercepted a vehicle bearing No.KA-34/G-803 on 13.02.2023 at about 9.00 a.m. and found that 21 bags of rice were being transported consisting of 52 k.g. each in all valued about Rs.58,250/-. Driver of the vehicle was taken to custody and so also the rice was seized on the spot and the custody of the vehicle, rice and driver of the vehicle were handed over to the jurisdictional police by the complainant along with a -4- CRL.P No. 100735 of 2023 written complaint whereby the police registered a case in Crime No.34/2023 on 13.02.2023 whereby Ballari Rural Police registered a case in Crime No.34/2023 for the offences punishable U/sec.3, 7 of Essential Commodities Act, 1955, Section 3, 4, 12, 18, 19 of Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016 and U/sec.3(2)(i), 4, 6 and 8 of Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order 1981. Thereafter police are investigating the matter. In the meantime, on enquiry by the investigation agency with the driver of the vehicle, the name of the owner of the vehicle is revealed who is the petitioner. Petitioner approached the District Court for grant of bail in Crl.Misc.No.133/2023 and the same is rejected by the learned Principal District and Sessions Judge, Ballari by order dated 09.03.2023. Thereafter petitioner is before this Court.-5- CRL.P No. 100735 of 2023
4. Reiterating the grounds urged in the petition, Sri L.S.Sullad, learned counsel for the petitioner vehemently contended that the petitioner is no way concerned with the alleged offence and for the act of the driver, the petitioner cannot be proceeded criminally and sought for grant of anticipatory bail.
5. Per contra, learned High Court Government Pleader opposes the bail grounds by contending that the illegal possession and transportation of rice meant for public distribution system is acting as a menace in the society and it is rampant. If the petitioner is granted bail, the same would scuttle the investigation process to a greater extent and the police would not be in a position to file appropriate report before the jurisdictional Court and sought for rejection of the bail petition.
6. In view of the rival contentions of the parties, this Court perused the material on record meticulously.
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7. On such perusal of the material on record, it is seen that on 13.02.2023 itself, the complainant and police officials are present along with the complainant were able to seize the rice as well as the vehicle and also were able to apprehend the driver of the vehicle.
8. Upon receipt of information by the driver of the vehicle, present petitioner has been arraigned as additional accused who is none other than the owner of the vehicle.
9. Whether at all petitioner is liable for the action of the driver or not cannot be decided by this Court at this stage by holding a mini trial it is for the investigation agency to investigate the matter appropriately and file appropriate report before the jurisdictional Magistrate.
10. Admittedly, the petitioner is not available to the investigation agency from the date of registration of the case and therefore, the -7- CRL.P No. 100735 of 2023 investigation process is also preferred to a considerable extent.
11. Directing the petitioner to join the investigation and undergo limited period of custodial trial would meet the ends of justice.
12. Accordingly, without expressing further opinion on the merits of the matter, following order is passed.
ORDER The criminal petition is allowed subject to the following conditions:
1. The Petitioner is directed to join the investigation by appearing before the Investigation Officer on 29.05.2023 at 10.00 a.m.
2. The Investigation Officer is at liberty to take the petitioner to custody and complete the custodial investigation if any, on the same day before 6.00 p.m. and thereafter enlarge the petitioner on bail by taking a bond in a sum of -8- CRL.P No. 100735 of 2023 Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum.
3. The petitioner shall co-operate with the investigating agency by furnishing necessary information as would be required by the investigation agency.
4. The petitioner shall not tamper the prosecution witnesses in any manner.
5. The petitioner shall attend the Court regularly and appear before the Investigation agency as and when directed.
6. The petitioner shall mark his attendance before the Investigating Officer on every third Sunday between 10.00 am and 2.00 pm., till the final report is filed.
7. The petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner.
8. The petitioner shall not leave the jurisdiction of Ballari District without prior permission.-9- CRL.P No. 100735 of 2023
Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.
Ordered accordingly.
Sd/-
JUDGE CLK List No.: 1 Sl No.: 16