Karnataka High Court
N Maheswara Reddy 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.100177 OF 2022
BETWEEN:
N.MAHESWARA REDDY
S/O. LATE N. LEPAKSHI REDDY,
AGE:26 YEARS,
R/O. NO.67TH 22ND TALUR ROAD
WARD BHAGATH SING NAGER,
NEAR ELLAMMA TEMPLE BALLARI.
...PETITIONER
(BY SHRI.SHRINIVAS.B.NAIK, ADVOCATE)
AND:
STATE OF KARNATAKA
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNAAKA DHARWAD BENCH
THROUGH BALLARI RURAL POLICE STATION
DISTRICT BALLARI-580 011.
...RESPONDENT
(BY SHRI.VIJAY.S.KALASURMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.
SEEKING TO GRANT ANTICIPATORY BAIL T THE PETITIONER/
ACCUSED (IN THE EVENT OF HIS ARREST) IN CRIME NO.162/2021
OF BALLARI RURAL POLICE STATION REGISTERED FOR THE
OFFENCES PUNISHABLE U/S. 3 AND 7 OF ESSENTIAL
COMMODITIES ACT, SECTION 3, 4, 12, 18, 19 OF KARNATAKA
ESSENTIAL COMMODITIES PUBLIC DISTRIBUTION SYSTEM PUBLIC
CONTROL ORDER 2016 AND 3(2)(i), 4, 6, 8 OF 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. to enlarge the petitioner on bail in Crime No.162/2021 of Ballari Rural Police Station, registered for offences punishable under Sections 3 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 and 8 of 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. The brief facts of the prosecution case are that on 30.05.2021 at about 2:00 pm, the 3 complainant namely the Food Inspector, taluk office, Ballari, received a credible information about illegal storage of rice meant for public distribution, at Devas Layout @ Siddappa Layout, Kappagal Road, Ballary, by the petitioner. Immediately he informed the matter to the SHO of Ballari Rural Police Station and along with the Police Inspector, staff and panch witnesses went to the spot at about 3:30 pm and seized 642 rice bags each containing 50 k.gs, in all 321 quintals of rice valued at Rs.4,81,500/-.
4. It is the case of prosecution that the petitioner has unauthorisingly stored the rice sanctioned by the Government for public distribution under different schemes.
5. It is contended by the learned counsel for petitioner that, petitioner is innocent and he has not committed any offence and the alleged rice bags are not seized from his possession. He contends that there is no material to show that the petitioner has 4 either transported or stored the rice bags. He submits that the petitioner has no criminal antecedents and he is ready and willing to abide by any conditions.
6. Learned HCGP has sought to reject the petition contending that the investigation is pending and in the event of his release he may not cooperate with the investigation.
7. According to the prosecution on receiving a credible information that the rice meant for public distribution, sanctioned by the Government under different schemes has been unauthorizingly stored by the petitioner, the complainant along with the Police and Panch witnesses went to the spot and seized 321 quintals of rice valued at Rs.4,81,500/-. Petitioner has claimed to be innocent and it is contended that he has not stored the rice bags as alleged. The involvement of the petitioner in the alleged offence has to be established in due course. 5 Whether the petitioner has unauthorisingly stored the rice meant for PDS or whether he has transported the rice is a matter to be established during trial. Petitioner has undertaken to cooperate with the investigation. Hence, the following;
ORDER
i) Petition is allowed,
ii) Petitioner shall be enlarged on bail in the
event of his arrest in Crime No.162/2021 of Ballari Rural Police Station, subject to following conditions:
a. Petitioner shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of this order, b. Petitioner shall execute a personal bond in a sum of Rs.1,00,000/-
(Rupees one lakh only) with one surety for likesum, c. Petitioner shall furnish proof of his residential address and he shall inform the Investigating Officer/ 6 Court if there is any change in the address, d. Petitioner shall not tamper with the prosecution witnesses either directly or indirectly, e. Petitioner shall not commit similar offence or indulge in any criminal activities, f. Petitioner shall appear before the trial Court on all dates of hearing, g. In the event of violation of any of the above conditions, the prosecution is at liberty to seek cancellation of the bail.
Sd/-
JUDGE PJ