Karnataka High Court
Mr. Kantharaju vs State Of Karnataka on 26 October, 2021
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF OCTOBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE K.NATARAJAN
CRIMINAL PETITION No.8065/2021
BETWEEN
MR. KANTHARAJU
OWNER OF J K ORGANIC,
AGED ABOUT 67 YEARS
SOMANAHALLI VILLAGE,
MADDUR TALUK-571428
MANDYA DISTRICT,
KARNATAKA STATE
...PETITIONER
(BY SRI DEEPAK B R, ADVOCATE)
AND
STATE OF KARNATAKA
BY MADDUR POLICE STATION,
MALAVALLI SUB DIVISION,
MANDYA DISTRICT-571428
...RESPONDENT
(BY SRI R D RENUKARADHYA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CR.NO.270/2021 REGISTERED BY
MADDUR POLICE STATION, MANDYA FOR THE OFFENCE P/U/S
417 AND 420 OF IPC AND SECTIONS 3 AND 7 OF ESSENTIAL
COMMODITIES ACT.
THIS CRIMINAL PETITION COMING FOR ORDERS ON THIS
DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
This petition is filed by the petitioner/accused No.1 under Section 438 of Cr.P.C. for granting anticipatory bail in the event of his arrest in Crime No.270/2021 registered by Maddur Police, for the offences punishable under Sections 417 and 420 of IPC and Sections 3 and 7 of the Essential Commodities Act, 1955.
2. The case of the prosecution is that the Fertilizer Inspector and Assistant Director of Agriculture, Maddur Taluk, Mandya District, filed a complaint to the Police on 24.09.2021 alleging that on a credible information received on 24.09.2021 at 9.00 a.m., the complainant along with team of Agricultural Officers went to J.K.Organics, Plot No.16/A, situated at Somanahalli Industrial Estate, Maddur, and on verification, they found 2100 bags 15:15:15 complex fertilizers, 775 bags 16:16:16 complex fertilizers, 200 bags of Zinc Sulphate complex fertilizers, 10 bags of Ferrous Sulphate and 40 bags of Borax decahydrate were illegally stored in their factory. Even though the petitioner 3 was having licence for organic manure manufacture, he is said to have violated the provisions of Essential Commodities Act and Fertilizers Control Order, 1985. Therefore, the officials seized all the bags and took samples of them for chemical analysis. After registering a case, the police made hectic efforts to arrest the petitioner. The petitioner approached the Sessions Court for grant of anticipatory bail, which came to be rejected. Hence, the petitioner-accused No.1 is before this Court.
3. Learned counsel for the petitioner has seriously contended that the petitioner is innocent of the alleged offences, he has been falsely implicated in the said case. Even otherwise, if the petitioner was found in violation of the provisions of the Essential Commodities Act (hereinafter referred to as 'the E.C. Act' for short) as per the Fertilizer Control Order, the Agricultural Officer was required to file a private complaint under Section 200 of Cr.P.C. but added the offences under Sections 417 and 420 of IPC for the purpose of registering the case and the entire godown has been seized. The samples of the fertilizers were taken for 4 chemical analysis but the report is not received. The learned Counsel for the petitioner further submits that the petitioner owns 10 acres of land and also undertakes contract farming. He has purchased the fertilizers and manure for personal use which cannot be considered as illegal storage of the fertilizers. Though the offences are non-bailable in nature, the petitioner is ready to abide by the conditions that may be imposed by this Court in the event anticipatory bail is granted. Therefore, he requests for grant of anticipatory bail.
4. Per contra, learned High Court Government Pleader seriously objected the bail petition and contended that petitioner is required for custodial interrogation and required to appear before the Investigating Officer. The petitioner obtained licence only for organic manure but he had stored fertilizers illegally in order to create scarcity in the market. Hence, he prayed for rejecting the bail petition.
5. Upon considering the arguments of learned Counsel for the petitioner and the learned HCGP and on perusal of the records, the petitioner is said to be the owner 5 of J.K.Organics at Plot No.16/A at Somanahalli Industrial Estate, Maddur and he was found in possession of fertilizers as well as manure in the factory. The same has already been seized and the sample was taken for chemical analysis but the report is not yet received. Though the learned Counsel for the petitioner contended that as per the Fertilizers Control Order, 1985, the Agricultural Officer was required to file a private complaint under Section 200 Cr.P.C. but he is unable to state as to what prevented him from filing the private complaint. However, the alleged offences are under Sections 3 and 7 of the E.C. Act. Though the police was empowered to register the case if the complaint was filed by the Agricultural Officer, that contention cannot be looked into at this stage.
6. The alleged offences are not punishable either with death or imprisonment for life. Since the entire material is seized by the Police, except for interrogation or enquiry, the presence of the petitioner may not be required for the purpose of investigation. Such being the case, by looking to the facts and circumstances of the case and by 6 imposing stringent conditions, if anticipatory bail is granted to the petitioner, no prejudice would be caused to the prosecution. Hence, I pass the following:
ORDER The Criminal Petition is allowed. The respondent - Police is directed to release the petitioner on bail in the event of his arrest in Crime No.270/2021 registered by Maddur Police, for the offences punishable under Sections 417 and 420 of IPC and Sections 3 and 7 of the Essential Commodities Act, 1955, subject to the following conditions:
i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer;
ii) He shall surrender himself before the Investigating Officer within 15 days from the date of receipt of certified copy of the order;
iii) He shall not tamper with any of the prosecution witnesses directly or indirectly;7
iv) He shall not indulge in similar offences;
v) He shall co-operate with the Investigating Officer and appear before him once in a week on every Monday between 10.00 a.m. and 5.00 p.m. for a period of two months or till filing of the charge sheet, whichever is earlier.
If any of the above conditions are violated, the prosecution is at liberty to move an application for cancellation of bail.
Pending I.As do not survive for consideration and hence dismissed.
Sd/-
JUDGE JT/-