Karnataka High Court
Sanjay Singh vs The State Of Karnataka on 16 August, 2023
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NC: 2023:KHC-K:6460
CRL.P No. 201245 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T.
CRIMINAL PETITION NO.201245/2023
BETWEEN:
SANJAY SINGH
S/O. SUBHASH THAKUR,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. VILLAGE HUDGI,
TQ. HUMNABAD,
DIST: BIDAR-585401.
...PETITIONER
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
Digitally signed
by SHILPA R
TENIHALLI THE STATE OF KARNATAKA
Location: HIGH THROUGH POLICE
COURT OF
KARNATAKA HUMNABAD POLICE STATION,
DIST: BIDAR-585401
R/BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., PRAYING TO GRANT ANTICIPATORY BAIL
TO THE PETITIONER AND DIRECT THE HUMNABAD POLICE
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NC: 2023:KHC-K:6460
CRL.P No. 201245 of 2023
TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF
HIS ARREST IN HUMNABAD P.S. CRIME NO.100/2023 FOR
THE OFFENCE PUNISHABLE UNDER SECTION 7 OF
CIGARETTES AND OTHER TOBACCO PRODUCTS ACT, 2003
AND SECTIONS 420, 468, 476, 269, 270, 284 AND 336
R/W 34 OF IPC, PENDING ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE (JR.DN.) AND JMFC COURT HUMNABAD,
DISTRICT BIDAR.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Heard learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner has filed this petition under Section 438 of Cr.P.C., praying to grant bail in Crime No.100/2023 for the offence punishable under Section 7 of Cigarettes and Other Tobacco Products Act (for short 'COTPA'), 2003 and Sections 420, 468 476, 270, 284 and 336 read with Section 34 of IPC. -3-
NC: 2023:KHC-K:6460 CRL.P No. 201245 of 2023
3. The brief facts of the prosecution case are that:
On 24.05.2023 at about 8:30 p.m., the complainant and his staff conducted raid in the land bearing Survey No.219/3 situated at Hudgi Village, Humnabad Taluk, owned by accused No.3 Ramesh Singh and found preparation of tobacco products (pan masala) without any license, hence, the complainant seized the used articles under panchanama in the presence of panchas and lodged complaint. Apprehending the arrest at the hands of respondent - Police, the present petitioner has filed this petition for grant of anticipatory bail.
4. It is contended that petitioner has not committed any offence and he is a law abiding citizen, his name is not appeared in FIR, but the respondent - Police -4- NC: 2023:KHC-K:6460 CRL.P No. 201245 of 2023 are making hectic efforts to arrest the petitioner. Petitioner is ready and willing to abide by any conditions to be imposed by this Court. It is further contended that the offences alleged are not punishable with death or imprisonment for life, hence, prayed for allowing the petition.
5. Learned High Court Government Pleader contended that the anticipatory bail petition filed by the petitioner is not maintainable either in law or on facts. There are sufficient material collected by the Investigating Officer to show the involvement of the present petitioner and Investigating Officer has submitted his report wherein he has stated that the present petitioner is also involved in alleged offence. Hence, prayed for rejection of bail petition.
6. On perusal of the material available on record, it appears that on 24.05.2023 a raid was conducted in the land belonging to accused No.3 and found four lorries -5- NC: 2023:KHC-K:6460 CRL.P No. 201245 of 2023 parked near the subject land and on enquiry of the said lorry drivers, it was found that, the various machineries were installed in the subject land for production of tobacco products. Thereafter, the lorries which were parked near the subject land and the machineries and tobacco products were seized by the complainant in the presence of independent panchas and his sub-staff. The principal offence alleged against the petitioner herein is under Section 7 of the COTPA. Sub-Section (2) of Section 24 of the COTPA specifies that all offences under this Section is compoundable and shall be tried summarily in accordance with law with the proceedings provided for summery trial under Code of Criminal Procedure, 1973. The lorries and the machineries used for alleged manufacturing tobacco products having been seized the petitioner is not required for interrogation in police custody. Further, the alleged offences are not punishable with death or imprisonment for life.
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NC: 2023:KHC-K:6460 CRL.P No. 201245 of 2023
7. While granting bail the Court has to looked into the nature of offence, circumstance in which it is committed, position and status of the petitioner of repeating offences, tampering with the prosecution witnesses, character and antecedents of the petitioner. Keeping all these factors in mind when the Court goes through the entire material placed on record, there are no apprehensions to believe at this stage that the petitioner is guilty of the offences alleged. Moreover, the name of petitioner is not mentioned in the FIR. Further, accused No.3 has been granted bail. On the ground of parity also petitioner is entitled for anticipatory bail. Hence, considering the facts and circumstances of the case, the Court is of the view that the petitioner is entitled for grant of anticipatory bail in his favour. Accordingly, the following:
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NC: 2023:KHC-K:6460 CRL.P No. 201245 of 2023 ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.100/2023 of respondent - Police Station, on his executing personal bond for a sum of Rs.2,00,000/- with surety for the likesum, subject to the following conditions:
i) The petitioner shall surrender himself before the Investigating Officer/SHO within 10 days from the date of this order.
ii) He shall co-operate with the investigating agency in the investigation of the case.
iii) He shall not tamper with the
prosecution witnesses or documents in any
manner.
iv) He shall not leave territorial limits
without prior permission of jurisdictional Court.-8-
NC: 2023:KHC-K:6460 CRL.P No. 201245 of 2023
v) He shall mark his attendance before the Investigating Officer/SHO on first Sunday every month between 10:00 a.m., to 05:00 p.m., for a period of 6 months or till filing of charge-sheet, whichever is earlier.
Sd/-
JUDGE SBS List No.: 1 Sl No.: 24