Karnataka High Court
Laxmilal Bhavar Lal Jain vs State Of Karnataka on 7 July, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2023:KHC:23415
CRL.P No. 3645 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 3645 OF 2023
BETWEEN:
LAXMILAL BHAVAR LAL JAIN,
S/O. BHAVAR LAL JAIN,
AGED ABOUT 69 YEARS,
R/AT NO.G2, J.C.NAGAR,
MADHUBAN COMPLEX,
NEAR WOMAN COLLEGE,
HUBLI - 580 024.
Digitally signed ...PETITIONER
by GAYATHRI P
G (BY SRI. HARISH PRABHU S., ADVOCATE)
Location: High
Court of AND:
Karnataka
STATE OF KARNATAKA,
BY CITY MARKET P.S.,
REPRESENTED BY S.P.P.,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. K. KRISHNA KUMAR, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.8/2023 REGISTERED BY CITY MARKET
POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S
51(b)(1),63 OF THE COPYRIGHT ACT AND SEC. 274,275,420
OF IPC, PENDING BEFORE THE HONBLE IX ADDL. CHIEF
METROPOLITAN MAGISTRATE, AT BENGALURU AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:23415
CRL.P No. 3645 of 2023
ORDER
Heard the submission of the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State and perused the material on record.
2. Petitioner has preferred this petition under Section 438 of Cr.P.C., apprehending his arrest in Crime No.8/2023 of City Market Police Station, registered for the offence punishable under Sections 51(b)(1) and 63 of the Copyright Act, 1957. After registration of the case, Section 274, 275 and 420 IPC have been added.
3. One Pankaj Kumar Aseri, working as Anti- falsified Medicines Manager, Novartis Healthcare Private Limited, has lodged the complaint stating that he is the authorized person for importing Galvus and Galvus Met diabetic tablets belonging to Vildagliptin and supplying the tablets to different parts of the country. He came to know that duplicate tablets are being sold at different medical stores in Bangalore, hence, he traveled along with his colleagues and collected the information secretly and -3- NC: 2023:KHC:23415 CRL.P No. 3645 of 2023 found that one Tulasi Corporation Pharmaceutical distributors, Bengaluru were selling the said tablets and supplying it to different companies, mentioned in the complaint. It is stated that the accused were involved in selling the duplicate medicines by violating the copyright Act and they were cheating the public.
4. Case is registered against the owners of Tulasi Corporation, Methri Medicals, Vishal Medico and Radha Medicals. Petitioner is said to be one of the partners of Mahalakshmi associates, which is alleged to have sold Galvus and Galvus met pills to Himalaya Pharma and other medicals, after purchasing the tablets from Aaran Pharma. As per prosecution, the statement of one Sharanu Basaveswara Gadaginamata revealed that he purchased the pills from the owner of Aaran Pharma by name Rajkumar and distributed it in various cities. The allegations are that he introduced the said accused to petitioner herein.
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NC: 2023:KHC:23415 CRL.P No. 3645 of 2023
5. It is submitted that, investigation is now completed and charge sheet has been filed against accused Nos.1 to 4, for the offence punishable under Sections 120-B, 420, 274, 275 read with 34 of IPC and Section 63, 51(b)(1) of Copyright Act, 1957. Petitioner is arraigned as accused No.4. Accused Nos.2 and 3 are stated to be enlarged on bail. Petitioner is aged about 69 years. The allegations against him have to be established during trial. He has undertaken to furnish sufficient surety to ensure his presence before the trial Court and also undertaken to co-operate with the further investigation of the case, if any. Hence, the following:
ORDER Petition is allowed.
Petitioner/accused in Crime No.8/2023 of City Market Police Station, shall be released in the event of his arrest subject to following conditions:
a) Petitioner shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order -5- NC: 2023:KHC:23415 CRL.P No. 3645 of 2023 and shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with a likesum surety.
b) Petitioner shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address.
c) Petitioner shall be available for the purpose of further investigation, if any and shall co-operate with the investigation.
d) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly.
e) Petitioner shall be regular in
attending the Court proceedings.
Sd/-
JUDGE
GPG
List No.: 1 Sl No.: 38
CT: THK