Karnataka High Court
D Madhi vs The State Of Karnataka on 17 September, 2010
Author: N.Ananda
Bench: N.Ananda
7. IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 177'" DAY OF SEPTEMBER 2V0--1_»0 BEFORE THE HONBLE2 MRJUSTICE N.ANAi*§ii:)ili.jV"V.: K - E
CRIMINAL PETITION i¥iOW;448Ok.2G'1 _ BETWEEN:
D.Madhi _ S/o K.A.DoraisWamyv Aged about 36 Years R/o No.896, 18"' Main 5"' Block, Raja}i'ri2,_1gar;A"'V' _ - ' Bangalore -~ ...PE'I'iTIONER (By sigii.'H';ivirr.;oihici5g;iaoridzi; Advm' AND: E' The State or igamataiiaii Byfiifiadivala Poiice Station V' ..Re'-presented by State Pubiic Prosecutor Q . Court . Karnataka r_B-gingaiore @550 001. ...RESPONDEN'l' (BA)/,4Sri._P;'EiI:iriinakar, HCGP) CrE.P is fiied under Section 438 Cr.P.C oragring to enlarge the petitioner on bail in the event of _ ' --.1'iie~. arrest in Cr.No.905/2010 of Madivaia Police Station.
Bangalore City, registered for the offences punishable ..._1.;iricier sections 465, 468, 420 of {PC 1'/W section 15 of Erivironmentai {Protection} Act, Section 177 of Indian Motor Act 1988, Section 1 15(2) of Motor Vehioies Act. This petition coming on for orders this day. the Court made the foilowing:
'.'¥'v'L' .__ . ' ' ' ORDER * The petitioner is apprehending his arrest in Crime No.905/ 2010 registered for offences ' . Sections 465. 468, 420 of r/w.1v5i 2 Environmental {Protection} Motor Act, 1988 and Sect'if)_fi'~...,1 15(2) Of Act by Madivala police.
2. The respondeVnt.v'i' case against accused Nos;."lft;o.f-. 3 for aforestated offences on the allegation that"'ae.cVuse'd__N"os; 1' to 3 are running a service station andi vha':re"'AAl3eer;~ issuing fake Emission Test Certgigficates. Accused Nos.1 to 3 have issued fake »cjertiiicates.iL'to__ Vehicle owners by manipulating the emission flfeveizsd at a higher fee. The first information Was j regifstered against accused Nos.1 to 3. After their arrest, "..flaccu.sed" No.3 was produced along with the remand ' appldication, wherein, it is stated that accused No.3 had made a statement that this petitioner had supplied them. the software to enabie them to issue fake emission certificates. 3"\:g ci;_J'x --.. £9" """'"(é\,_ The machines used for testing emission level are alleged to have been supplied by NETEL Company having its office at Chennai. The petitioner is be a Sales / Serviceman of the said Companyfilllil 4'
3. Considering the nature against petitioner, Without: going'----Aint0 fuvrtiher ldei'3ai'ls.V.fl direction sought for is grantie.d:d'for allliinfiited 'period to enable petitioner to seek._ bail. :« V
4. In the result, order:
P'etfit1'(;niL:, isf"ae'cepi:ed,_W""Peti_tioner is granted antieipxatoiy ~to.~'following conditions:
arrested in Crime i\Io.905/2010 _i_eby:.:.V'lViadivala police for offences punishable C iindervllvllsections 465, 468, 420 of IPC r/W. 15 of Environmental (Protection) Act, VvH'Section 177 of Indian Motor Act, 1988 and Section 115(2) of Motor Vehicles Act, he shall be released on bail on his executing a bond for a sum of Rs.25,000/» offering a surety for the ' likesum. c: "~5"'""'C~«' r1.as.'"' 2} Petitioner shail not intimidate or tamper with the prosecution witnesses.
3] Petitioner, for the purpose of inVestigatiJQti:,'_';§£2eiE_ appear before the Investiggtirigt _ whenever called upon tC=;Jdot§o.«.V 4} This order would be opeliative two months from time.
petitioner she£I'}i_ seek; bail "before the jurisdictional event, the learnetifieliridgepoif the.:_4j1tri';stii--ctiona1 Court shall jé'onsiid¢r°7§p applieation without being E'--iriflue11eet¥A:_tjpbj}'opservations made in this order. 561/4.
Judge