Karnataka High Court
Jitendra Kumar H G vs The State Of Karnataka on 24 March, 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH 2021
BEFORE
THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR
CRIMINAL PETITION NO.2065 OF 2021
BETWEEN:
JITENDRA KUMAR H.G.
S/O. BASAVARAJAPPA
AGED ABOUT 41 YEARS,
OCCUPATION: TRANSPOTER,
RESIDENT OF 785/10-11
NEAR MANJUNATHA COLLEGE,
SARASWATHI NAGAR, DAVANAGERE,
KARNATAKA - 577 004.
...PETITIONER
(BY SRI. TIGADI VEERANCE GADIGEPPA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REP BY SUB-INSPECTOR OF POLICE,
HOSADURGA POLICE STATIN,
DISTRICT CHITRADURGA,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001. ...RESPONDENT
(BY SRI. MAHESH SHETTY, HCGP)
****
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CR.NO.61/2021
REGISTERED BY HOSADURGA POLICE STATION,
CHITRADURGA FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT
AND SECTION 379 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the accused No.3 under Section 438 of Cr.P.C. seeking anticipatory bail in the event of his arrest in Crime No.61/2021 of Hosadurga Police Station for the offences punishable under Sections 3 and 7 of Essential Commodities Act and Section 379 of IPC.
2. The facts leading to this petition are that on the complaint filed by one Smt. Rathnamma, Food Inspector, the Police have registered the case. The allegations are that on 13.02.2021, the contractors, namely the partners of Vinayaka Transport Company 3 have loaded 450 bags of PDS rice meant for Public Distribution System from lorry bearing No.KA-20/B- 9403 to KA-27/B-8459 for the purpose of illegal transportation of the said rice and thereby, committed the aforesaid offences. On registering the case, the Police Officials are making attempts to arrest the petitioners. The petitioner had approached the Sessions Court for seeking anticipatory bail but the said bail petition has been rejected.
3. Heard learned counsel for the petitioner and the learned High Court Government Pleader. Perused the prosecution records available at this stage.
4. The learned counsel for the petitioner by referring to the seizure mahazar and the Property File No.23/2021 would contend that the rice bags meant for Public Distribution Systems were not found in 4 vehicle bearing No.KA-20/B-9403. The recycles made in the seizure mahazar and Property File clearly indicates that the empty vehicle was seized. Thus the allegations regarding illegal transportation of rice bags and the lorry belonging to the petitioner's company are baseless. The event of arrest and detention, the petitioners would be put to great hardship and injustice.
5. Per contra, learned High Court Government Pleader submitted that the rice bags meant for Public Distribution Systems were loaded from vehicle belonging to the petitioner namely No.KA-20/B-9403 to KA-27/B-8459, at that point of time, the complainant-Food Inspector has gone to the spot and have seized 450 bags of rice. At this stage, there are no grounds to hold that the petitioner was not involved in the illegal transportation of the PDS rice. 5
6. In view of the contentions raised by the learned counsel for the petitioner and learned High Court Government Pleader and this Court has gone through the records.
7. As could be seen from the seizure mahazar, the rice bags were shifted from vehicle bearing No.KA- 20/B-9403 to KA-27/B-8459. It is further stated that the empty lorry bearing No.KA-20/B-9403 was found at the APMC yard. Even the contents of Property File No.23/2021 discloses that there were 450 bags of rice in the lorry bearing No.KA-27/B-8459. Thus there are doubtful circumstances to disbelieve the prosecution version that the lorry belonging to the petitioner was involved in the transportation of rice meant for Public Distribution Systems.
8. The grounds made out in the bail application and submission of the counsel for the petitioner goes 6 to prove the apprehension of the petitioner regarding his arrest and detention. The main objection is that in the event of granting bail, the petitioners are likely to abscond and tamper the witnesses. The said objection may be set right by imposing stringent conditions.
In the facts and circumstances of the case, this Court is of the view that there are valid grounds for granting bail, subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER Criminal petition is allowed.
Consequently, the petitioner is ordered to be released on bail in the event of his arrest in connection with Crime No.61/2021 of Hosadurga Police Station for the offences punishable under Sections 3 and 7 of Essential Commodities Act and 7 Section 379 of IPC, pending on the file of the learned Principal Civil Judge (Jr.Dvn.) and JMFC, Hosadurga, subject to following conditions:
i. The petitioner is directed to appear before the Investigating Officer within 30 days from the date of receipt of certified copy of this order. On appearance of petitioner, the Investigating Officer shall interrogate and release them on bail;
ii. The petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for the like sum to the satisfaction of the Investigating Officer;
iii. The petitioner shall appear before the Investigating Officer as and when required;
iv. The petitioner shall co-operate in the investigation;
v. The petitioner shall not threaten or allure the prosecution witnesses; and 8 vi. The petitioner shall mark his attendance in respondent-Hosadurga Police Station, Chitradurga on 30th of every calendar month until submission of the final report.
Sd/-
JUDGE GJM