Karnataka High Court
Prithvi Raj Panduranga Avalakki vs State Of Karnataka on 27 January, 2022
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.100183/2022
BETWEEN:
PRITHVI RAJ PANDURANGA AVALAKKI,
S/O. PANDURANGA AVALAKKI,
AGE. 30 YEARS, R/O. 7TH WARD,
BALLARAPPA COLONY,
BALLARI. ...PETITIONER
(BY SHRI SHRINIVAS B.NAIK, ADVOCATE)
AND:
STATE OF KARNATAKA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD BENCH,
THROUGH BALLARI RURAL POLICE STATION,
DISTRICT. 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 (IN THE EVENT OF HIS ARREST) IN CRIME
NO.182/2021 OF BALLARI RURAL POLICE STATION REGISTERED
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 7 OF
THE ESSENTIAL COMMODITIES ACT, SECTIONS 3, 4, 12, 18 AND
19 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC
DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER, 2016 AND
SECTIONS 3(2)(i), 4, 6 AND 8 OF THE KARNATAKA ESSENTIAL
COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE
NOTIFICATION) ORDER 1981.
2
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/petitioner to enlarge him on anticipatory bail in Cr.No.182/2021 of Ballari rural police station, registered for offence punishable under Sections 3 and 7 of the Essential Commodities Act, Sections 3, 4, 12, 18 and 19 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016 and Sections 3(2)(i), 4, 6 and 8 of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order, 1981.
2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State and perused the material on record.
3
3. Brief facts of the prosecution case are that on 17.06.2021 at about 3 p.m., complainant namely the Food Inspector, Ballari rural range, received a credible information about illegal storage of rice meant for public distribution supplied by the government under various Schemes, at Devas Layout @ Siddappa Layout, Kappagal road, Ballari. He informed the matter to police and along with the PSI of Ballari rural police station, his staff and panch witnesses went to the spot at about 4 p.m. and seized 258 rice bags each containing 40 kgs, totally weighing 103.20 quintals of rice worth Rs.1,54,800/.
4. It is contended by the learned counsel for petitioner that petitioner is innocent and he has not committed any offence much less the one now alleged against him. A false case has been foisted against him for the reasons best known. He submits that petitioner was not present or seen either transporting or storing the rice bags. He submits 4 that petitioner is innocent and there are no criminal antecedents against him. He is ready and willing to abide by any conditions and ready to co-operate with the investigation.
5. Learned High Court Government Pleader has opposed the petition contending that investigation is still pending and in the event of grant of any relief to the petitioner, he may not co- operate with the investigation and he may commit similar offence.
6. It is alleged that complainant namely, Food Inspector received a credible information that petitioner has illegally stored rice bags meant for public distribution supplied by the government under various schemes. Total quantity of Rs.103.20 quintals of rice worth Rs.1,54,800/- has been seized in the presence of panch witnesses. According to the prosecution, rice bags were found stored in a cross road at Devas Layout @ Siddappa Layout. 5 Admittedly, petitioner was not present at the spot or not seen transporting the rice bags. The involvement of petitioner is a matter which has to be established in due course. Petitioner has undertaken to co-operate with the investigation and abide by conditions.
7. Hence, the following:
ORDER
i) Petition is allowed,
ii) In the event of arrest of petitioner in Cr.No.182/2021 of Ballari rural police station, he shall be released subject to following conditions:
a) Petitioner shall surrender before the Investigating Officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond in a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for likesum, 6
b) He shall furnish proof of his residential address and shall inform the Investigating Officer/ Court if there is any change in the address,
c) He shall mark his attendance at the jurisdictional Police Station on every Saturday between 10:00 am and 2:00 pm till conclusion of Investigation,
d) He shall co-operate with the investigation of the case,
e) He shall not tamper with the prosecution witnesses either directly or indirectly,
f) He shall appear regularly before the trial Court,
g) He shall not involve in any criminal activities,
h) He shall not leave the jurisdiction of the trial Court without prior permission of the learned trial Judge.
i) If any of the above conditions are violated, prosecution is at liberty to seek cancellation of bail.
Sd/-
JUDGE Jm/-