Karnataka High Court
Kamlesh Jayantilal Thakkar vs State Of Karnataka on 2 May, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2025:KHC:17908
CRL.P No. 5532 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MAY, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 5532 OF 2025
BETWEEN:
KAMLESH JAYANTILAL THAKKAR,
S/O JAYANTILAL THAKKAR,
AGED ABOUT 42 YEARS,
R/AT. PLOT NO.703,
NEAR SADHU VASWANI SCHOOL,
SUN PALM SOCIETY,
SANPADA, NAVI MUMBAI,
MAHARASHTRA - 400 705.
...PETITIONER
(BY SRI. SANDESH J. CHOUTA., SENIOR ADV FOR
SRI. AJAY KADKOL T.,ADVOCATE)
AND:
1. STATE OF KARNATAKA,
Digitally signed
by NANDINI D BY SENIOR INTELLIGENCE OFFICER OF
Location: DIRECTORATE OF REVENUE INTELLIGENCE
HIGH COURT
OF BENGALURU ZONAL UNIT,
KARNATAKA NO. 8(P) 2, 1 STAGE,
3RD BLOCK, HBR LAYOUT,
OPP. BDA COMPLEX,
KALYANNAGAR,
BENGALURU - 560 043.
2. DIRECTORATE OF REVENUE INTELLIGENCE,
THROUGH ITS ZONAL DIRECTOR,
BENGALURU ZONAL UNIT,
NO. 8(P) 2, I STAGE,
3RD BLOCK, HBR LAYOUT,
OPP. BDA COMPLEX, KALYANNAGAR,
-2-
NC: 2025:KHC:17908
CRL.P No. 5532 of 2025
BENGALURU - 560 043.
...RESPONDENTS
(BY SMT. MADHU N RAO., ADVOCATE FOR R1 & R2)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR
BAIL IN CONNECTION WITH FILE NO.DRVBZU/S-IV/ENQ-
05/INT-NIL/2025 FOR OFFENCES P/U/S 132 OR 133 OR 135 OR
135A OR 136 OF THE CUSTOMS ACT, 1962 REGISTERED BY
DRI BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in proceedings bearing No.DRI/BZU/S- IV/ENQ-05/INT-NIL/2025 registered by the Directorate of Revenue Intelligence, Bengaluru Zonal Unit, Bengaluru for offences punishable under Sections 132 or 133 or 135 or 135A or 136 of the Customs Act, 1962 is before this Court under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned Counsel for the parties.
3. It is case of the prosecution that petitioner is the proprietor of the firm known as M/S Shree Gayatri Pulses, Ajantha Road, Jalgaon, Maharashtra State and -3- NC: 2025:KHC:17908 CRL.P No. 5532 of 2025 allegation against the petitioner is that he had imported dried Green Peas declaring that the imported goods was Yellow Peas and thereby, petitioner had wrongly valued the goods imported by him and had evaded payment of appropriate customs duty. Petitioner was taken to custody in the present case on 19.03.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.2785/2025 was rejected on 05.04.2025. Therefore, petitioner is before this Court.
4. Learned Senior Counsel appearing for the petitioner submits that during the pendency of the proceedings petitioner has now paid a sum of Rs.1,57,21,200/- (Rupees One Crore Fifty Seven Lakh Twenty One Thousand Two Hundred Rupees only) towards evaded custom duty. He submits that the maximum punishment for the aforesaid offences is imprisonment for a period of 7 years. Petitioner has no other criminal antecedents. Accordingly, he prays allow this petition. -4-
NC: 2025:KHC:17908 CRL.P No. 5532 of 2025
5. Per contra, learned Counsel appearing for respondent who has filed his statement of objection does not dispute that the petitioner has paid the aforesaid amount towards the evaded custom duty and he fairly submits that he has no objections to enlarge the petitioner on bail by imposing strict conditions on him.
6. Submissions made on both sides are placed on record.
7. Allegation against the petitioner is that he had imported dried Green Peas by declaring the said goods as Yellow peas and thereby, he had evaded payment of proper custom duty on the goods imported by him. The maximum punishment for the aforesaid offences is imprisonment for a period of 7 years. Undisputedly, petitioner has no criminal antecedents.
8. The submission made by the learned Senior Counsel appearing for the petitioner that petitioner has now deposited the entire amount of Rs.1,57,21,200/- -5-
NC: 2025:KHC:17908 CRL.P No. 5532 of 2025 (Rupees One Crore Fifty Seven Lakh Twenty One Thousand Two Hundred Rupees only) which is the alleged evaded custom duty is not disputed by learned Counsel appearing for respondent. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:-
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in proceedings bearing No.DRI/BZU/S-IV/ENQ-05/INT- NIL/2025 registered by the Directorate of Revenue Intelligence, Bengaluru Zonal Unit, Bengaluru for offences punishable under Sections 132 or 133 or 135 or 135A or 136 of the Customs Act, 1962, subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One -6- NC: 2025:KHC:17908 CRL.P No. 5532 of 2025 Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future.
Sd/-
(S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 13