Karnataka High Court
Dadapeer S/O. Iliyas vs State Of Karnataka on 14 March, 2024
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NC: 2024:KHC-D:5293
CRL.P No. 100827 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL PETITION NO. 100827 OF 2024 (438)
BETWEEN:
DADAPEER S/O ILIYAS,
AGED ABOUT: 36 YEARS,
R/O. NEAR QUBA MASDDEI,
KAWADI STREET,
COWL BAZAR, BALLARI-583101.
...PETITIONER
(BY SRI NAVEEN CHATRAD, ADVOCATE)
AND:
STATE OF KARNATAKA
COWL BAZAR POLICE STATION,
BALLARI,
REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
...RESPONDENT
(BY SRI PRAVEENA Y. DEVAREDDIYAVAR, HCGP)
Digitally signed by
SAROJA
HANGARAKI THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
Location: HIGH
COURT OF SEEKING TO 438 OF CR.P.C., SEEKING TO ALLOW THIS CRIMINAL
KARNATAKA
DHARWAD BENCH
DHARWAD PETITION AND RELEASE THE PETITIONER/ACCUSED NO.1 IN THE
EVENT OF HIS ARREST BY COWL BAZAR POLICE STATION, BALLARI
IN CRIME NO.241/2023 COWL BAZAR POLICE STATION, BALLARI
FOR THE OFFENCES PUNISHABLE U/S 3, 6-A, 7 OF ESSENTIAL
COMMODITIES ACT, 1955, SECTIONS 3, 4, 12, 18 OF KARNATAKA
ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC
CONTROL ORDER, 2016 AND SECTIONS 3(2) (i), 8 OF KARNATAKA
ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTAINING
VALUE NOTIFICATION) ORDER 1981.
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NC: 2024:KHC-D:5293
CRL.P No. 100827 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Petitioner has filed the present petition under Section 438 of Cr.P.C. for grant of anticipatory bail in connection with the case registered in Cowl Bazaar P.S., Ballari Crime No.241/2023 for the offences under Sections 3, 6-A, 7 of Essential Commodities Act, 1955, Sections 3, 4, 12, 18 of Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016 and Sections 3(2)(i), 8 of Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order 1981.
2. Parties to the petition are referred with their ranks as assigned in the trial Court for the sake of convenience.
3. Heard the arguments of both sides.
4. On the strength of the complaint filed by Adishesha Ambedkar, Food Inspector, Fair price Distribution, Bellary, criminal law was set into motion by -3- NC: 2024:KHC-D:5293 CRL.P No. 100827 of 2024 registering a case in Cowl Bazar P.S Crime No.241/2023 for the offences punishable under Sections 3, 6-A, 7 of Essential Commodities Act, 1955. Under Sections 3, 4, 12 and 18 of Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016 and Sections 3(2)(i), 8 of Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order 1981. The complaint allegations are to the effect that on 17.11.2023 at 1.30 p.m., while the Police Sub-Inspector Smt.Shahanaz was on patrolling duty in Jagruthi Nagar Cross along with her staff received credible information that in the dilapidated house of one Dadapeer S/o Iliyas has stored the rice meant for public distribution and accordingly gave information to the complainant/Food Inspector to accompany her and accordingly Food Inspector Adishesha Ambedkar went to the spot and joined Smt.Shahanaz. Thereafter along with Police staff and Panch witness went to Kawadi Street, dilapidated house and on opening the door, it was found that there were 55 plastic super bags containing 40 kilograms each in -4- NC: 2024:KHC-D:5293 CRL.P No. 100827 of 2024 total 22 quintals and value of each quintal is Rs.2800/-, thus in all Rs.61,600/- rice bags were stored. The sample of one kilogram rice was taken from the said bag and seized the remaining rice bags and sample. On coming to the police station along with seized articles, the Food Inspector Adishesha Ambedkar filed complaint.
5. The learned HCGP though has not filed any objections, but orally strongly objected for grant of anticipatory bail contending that the rice bags meant for public distribution came to be seized from the dilapidated house belongs to the accused. The investigation is not yet completed and if the accused is released on bail, he will tamper with the prosecution witnesses and prayed for rejection of the anticipatory bail.
6. On careful reading of the complaint allegations, it would go to show that the alleged dilapidated house from where 55 Plastic super bags containing rice meant for public distribution came to be seized is based on only the information said to have been received by Smt.Shahanaz. -5-
NC: 2024:KHC-D:5293 CRL.P No. 100827 of 2024 However, no any documents have been collected by the investigating officer or the complainant to show that the dilapidated house belongs to the accused from where the rice bags were seized which were meant for public distribution. The name of petitioner is appearing in the FIR on the basis of the allegations made in the complaint. Therefore, the accused has reasonable apprehension of being arrested in the case registered against him. In view of there being no any material evidence at this stage to show either ownership of the house of dilapidated condition from where the rice bags were seized or the accused was in possession of the said house the seizure of rice bags cannot be connected to accused being in possession of seized rice bags. Therefore, there is no prima facie evidence at this stage to connect to the allegations made in the complaint. It is not in dispute that accused is permanent resident of address given in the cause title. The presence of the accused either before investigating officer for the purpose of investigation or before Court for trial can be secured through the process -6- NC: 2024:KHC-D:5293 CRL.P No. 100827 of 2024 of law. The apprehension of the learned HCGP can be met by imposing appropriate conditions. Consequently, proceed to pass the following order:
ORDER The bail petition filed by petitioner U/s 438 of Cr.P.C. is hereby allowed.
Accused is ordered to be released on bail in the event of his arrest in connection with the case registered in Cowl Bazaar P.S., Bellari Crime No.241/2023 for the aforesaid offences on executing personal bond and surety bond for a sum of Rs.50,000/- with one surety for the likesum amount, subject to following conditions:
1) Accused shall produce address proof documents of himself and that of his surety subject to police verification.
2) Accused shall give attendance before Investigating Officer once in a month on every first Saturday of the month between 10.00 a.m. to 6.00 p.m. till the filing of chargesheet or till further order whichever is earlier. -7-
NC: 2024:KHC-D:5293 CRL.P No. 100827 of 2024
3) Accused shall not tamper with the prosecution witnesses in any manner.
4) Accused shall not leave the jurisdiction of the trial Court without its prior permission.
Sd/-
JUDGE RKM CT:GSM List No.: 1 Sl No.: 11