Karnataka High Court
J Anil Kumar S/O Anjineyalu vs State Of Karnataka on 4 February, 2022
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 4TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.100189/2022
BETWEEN:
J ANIL KUMAR S/O ANJINEYALU
AGE 25 YEARS,
R/O HOUSE NO 332/A, TALUR ROAD,
BALLARI.
AS PER CHARGE-SHEET
NEAR BADARI NARAYAN TEMPLE,
KAPPAGOL ROAD, BALLARI. ...PETITIONER
(BY SHRI SHRINIVAS B.NAIK, ADVOCATE)
AND:
STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
THROUGH GANDHI NAGAR
POLICE STATION,
DIST BALLARI-580011. ...RESPONDENT
(BY SHRI V.S.KALASURMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO GRANT ANTICIPATORY BAIL TO THE
PETITIONER/ACCUSED NO.3 (IN THE EVENT OF HIS ARREST) IN
CRIME NO.78/2020 OF GANDHI NAGAR POLICE STATION
REGISTERED FOR THE OFFENCES PUNISHABLE U/S 3, 6A AND 7
OF ESSENTIAL COMMODITIES ACT, SECTIONS 3, 4, 12, 18 AND
19 OF KARNATAKA ESSENTIAL COMMODITIES PUBLIC
DISTRIBUTION SYSTEM PUBLIC CONTROL ORDER 2016 AND
3(2)(i), 4, 6, 8 OF KARNATAKA ESSENTIAL COMMODITIES
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STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION
ORDER, 1981.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C. by accused No.3 to release him on bail in the event of his arrest in Cr.No.78/2020 of Gandhi Nagar Police Station, Ballari.
2. Charge-sheet has been filed against accused Nos.1 to 3 for offences punishable under Sections 3, 6(A) and 7 of the Karnataka Essential Commodities Act, 1955, Sections 3 (2) (i), 4, 6 and 8 of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order, 1981 and Sections 3, 4, 12, 18 and 19 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016.
3. Heard the learned counsel for petitioner and the learned High Court Government Pleader for 3 respondent/State and perused the material on record.
4. Brief facts are that complainant namely the Food Inspector received a credible information on 18.08.2020 at about 5 p.m. that one Mohammed Isamil Sab/accused no.1, a resident of House No.MIG-22, old Jail quarters, KHB colony has illegally stored rice and wheat meant for public distribution, distributed by the Government Fair shop. As such, he informed the same to the ASI, Gandi nagar Police Station and along with Police officials and panch witnesses raided the said house and seized 20 plastic bags of rice containing 50 Kgs each and 5 plastic bags of wheat valued at Rs.28,500/- and apprehended accused no.1.
5. It is the case of prosecution that in collusion with accused nos.2 and 3, the said rice and wheat bags which were meant for public distribution, supplied by the Government was illegally stored in 4 the house of accused no.1, for the purpose of selling it at higher price to the general public.
6. Investigation is completed and charge sheet has been filed. Accused No.1 is arrested and he has been enlarged on bail. Even though, case is registered on 18.08.2020, so far the petitioner / accused no.3 has not been arrested. It appears that only on the voluntary statement of accused no.1, he has been named as an accused in the First Information Report. The involvement of the petitioner in the commission of offence is a matter which has to be established in the course of trial. No criminal antecedents have been brought to the notice of the Court against the petitioner. Admittedly, the petitioner was not present at the spot when the officials went to conduct raid in the house of accused no.1. The petitioner has undertaken to abide by conditions and offer 5 sufficient surety to ensure his presence before the trial Court. Hence, the following:
ORDER Petition is allowed.
The petitioner/accused No.3 shall be enlarged on bail in the event of his arrest in Crime No.78/2020 of Gandhi Nagar Police Station, Bellary, subject to following conditions:
i) The petitioner shall appear before the jurisdictional Magistrate within a period of 10 days from the date of receipt of a copy of this order.
ii) The petitioner shall execute a personal bond in a sum of Rs.1,00,000/-(Rupees one lakh only) with one surety for like sum.
iii) The petitioner shall appear before the Investigating Officer within a period of 10 days thereafter and he shall co-
operate with the further investigation, if any.
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iv) The petitioner shall furnish proof of his residential address and shall inform the Investigating Officer/Court if there is any change in the address.
v) The petitioner shall not tamper with the prosecution witnesses either directly or indirectly.
vi) The petitioner shall appear before the trial Court on all dates of hearing without fail.
vii) The petitioner shall not involve in any criminal activities.
(Sd/-) JUDGE Jm/paragraphs 1 to 3 Hmb/paragraph 4 till end