Karnataka High Court
Suresh And Anr vs The State Of Karnataka And Anr on 26 November, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2024:KHC-K:8874
CRL.P No. 201440 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.201440 OF 2024
[438(Cr.PC)/482(BNSS)]
BETWEEN:
1. SRI. SURESH S/O GURULINGAPPA WALI,
AGED ABOUT 53 YEARS, OCC: BUSINESS,
R/O. VIDYA NAGAR, VIJAYPUR-586101.
2. SRI. ANAND S/O. SHIVAJI KALYANI,
AGED ABOUT 56 YEARS, OCC: BUSINESS,
R/O GOKUL ROAD, HUBBALI, DIST. DHARWAD-
590001.
...PETITIONERS
(BY SRI S. S. MAMADAPUR, ADVOCATE)
Digitally signed AND:
by KHAJAAMEEN
L MALAGHAN
Location: High 1. THE STATE OF KARNATAKA
Court Of
Karnataka BY STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL'S OFFICE,
HIGH COURT BUILDING,
KALABURAGI-585 103
2. THE STATE OF KARNATAKA
REP BY SOMANAGOUDA BIRADAR,
FERTILIZER INSPECTOR AND AGRICULTURE
OFFICER, ALMEL,
R/O. TQ. SINDAGI, DIST. VIJAYPUR-586101.
(DEFACTO COMPLAINANT)
-2-
NC: 2024:KHC-K:8874
CRL.P No. 201440 of 2024
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C (OLD), UNDER SECTION 482 OF BNSS (NEW),
PRAYING TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR
ARREST IN CC NO.1517/2022 REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 3 AND 7 OF
ESSENTIAL COMMODITIES ACT PENDING ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC COURT, SINDAGI ON SUCH
TERMS AND CONDITIONS AS THIS COURT DEEMS FIT TO
IMPOSE UPON THEM IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Learned High Court Government Pleader takes notice for the respondents.
Petitioners are seeking anticipatory bail in a case pending in C.C.No.1517/2022 on the file of the Court of Senior Civil Judge and JMFC, Sindagi registered for -3- NC: 2024:KHC-K:8874 CRL.P No. 201440 of 2024 offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955.
2. A private complaint was filed on 06.09.2022 against the petitioners by the Fertilizer Inspector and Agriculture Officer, Almel, Taluk Sindagi, District Vijayapur, alleging that the petitioners were selling sub- standard fertilizers to the farmers. NBW was ordered against the petitioners and since they could not be secured, proclamation was issued. The petitioners approached the Court of II Additional District and Sessions Judge, Vijayapur in Crl.Misc.No.1576/2024 seeking anticipatory bail. The learned Sessions Judge, vide order dated 23.10.2024, has dismissed the said petition, observing that the petitioners have remedy before the Trial Court seeking recalling of the NBW. It is also observed that the petitioners have absconded and when warrant of arrest or proclamation is issued, they are not entitled for anticipatory bail.
-4-
NC: 2024:KHC-K:8874 CRL.P No. 201440 of 2024
3. Petitioners claim to be innocent of the offences alleged against them. It is submitted by the learned counsel that petitioners were unaware of the case registered against them and therefore, non-appearance before the Trial Court was unintentional.
4. It is alleged that the Fertilizer Inspector/ respondent No.2 visited the shop of the petitioners and certain fertilizers they were selling were found to be sub- standard in quality. Offences alleged are under Sections 3 and 7 of the Essential Commodities Act. It is not the case of the complainant that subsequent to filing of the present complaint, the petitioners have committed any offence under the said act. The allegations against the petitioners have to be established in due course. Petitioners have undertaken to furnish sufficient security for their regular appearance before the Trial Court. In the facts and circumstances, they could be directed to appear before the Trial Court and file necessary application to recall the NBW and for bail.
-5-
NC: 2024:KHC-K:8874 CRL.P No. 201440 of 2024
5. If any such application is filed within 15 days from today, the learned Magistrate shall enlarge the petitioners on bail on such terms and conditions as it thinks fit in the facts and circumstances of the case.
With the above observations, petition is disposed of.
Sd/-
(MOHAMMAD NAWAZ) JUDGE SWK List No.: 1 Sl No.: 9 CT:SI