Karnataka High Court
D Ramanjineya Alias D. Ramu S/O. Angadi ... vs The State Of Karnataka on 1 March, 2023
-1-
CRL.P No. 100441 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 100441 OF 2023 (438-)
BETWEEN:
D RAMANJINEYA ALIAS D. RAMU S/O. ANGADI
DURGAPPA,
AGE. 35 YEARS, OCC. BUSINESS,
R/O. KONAPURA VILLAGE,
MOLAKALMURU TQ.,
CHITRADURGA DIST-577535.
...PETITIONER
(BY SRI. B ANWAR BASHA, ADV.)
AND:
THE STATE OF KARNATAKA,
(THROUGH RURAL P.S.),
R/BY ITS STATE PUBLIC PROSECUTOR,
Digitally signed
by SUJATA HIGH COURT OF KARNATAKA,
SUBHASH
PAMMAR
Location: HIGH AT DHARWAD-580001.
COURT OF
KARNATAKA
DHARWAD
...RESPONDENT
(BY SMT.GIRIJA S HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC 438 OF
CR.P.C. SEEKING TO ENLARGE THIS PETITIONER/ACCUSED
NO.3 ON ANTICIPATORY BAIL IN CRIME NO. 307/2022
REGISTERED BY RURAL POLICE STATION, BALLARI, FOR THE
OFFENCES PUNISHABLE U/SEC. ESSENTIAL COMMODITIES ACT
1955, (U/SEC.-7.3) KARNATAKA ESSENTIAL COMMODITIES
(PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER
2016 (U/SEC. 3, 4, 12, 18, 19) KARNATAKA ESSENTIAL
-2-
CRL.P No. 100441 of 2023
COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE
NOTIFICATION ORDER 1981 (U/SEC. 3,(2)(i), 4, 6, 8) PENDING
BEFORE III ADDL. CIVIL JUDGE AND JMFC HOSAPETE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition under Section 438 of Code of Criminal Procedure (for short, 'the Cr.P.C.') is by the accused No.3 seeking anticipatory bail for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, Sections 3, 4, 12, 18 and 19 of the Essential Commodities (Public Distribution System) PDS Controlling Order, 2015 and Sections 3 (2)(1), 4, 6 and 8 of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order 1981, contending that he is innocent and law abiding citizen and he has not committed the alleged offences. He has been implicated solely on the basis of alleged information given by accused Nos.1 and 2.
2. On the other hand, learned High Court Government Pleader submitted oral objection contending that on 26.11.2022 at about 7.00 p.m., when the -3- CRL.P No. 100441 of 2023 complainant along with concerned police, panchas and others intercepted luggage vehicle bearing registration No.KA-34/C-5523, they found accused Nos.1 and 2 illegally transporting rice meant for public distribution and the same were seized through mahazar. Based on the information furnished by them, a case was registered also against the petitioner. His presence is required for investigation and prays to reject the bail petition.
3. Heard the arguments and perused the records.
4. As evident from the complaint averments, on 26.11.2022, at 6.00 a.m., the PSI, Ballari Rural received credible information regarding illegal transportation of rice meant for public distribution and he secured the presence of the complainant and others including the panchas. At around 7.00 a.m., he intercepted accused Nos.1 and 2 who were transporting the rice in question in a luggage vehicle bearing registration No. KA-34/C-5523 and seized the rice through mahazar. Based on the said seizure, complaint came to be lodged by the Food Sheristedar. On -4- CRL.P No. 100441 of 2023 the basis of information provided by the accused Nos.1 and 2, petitioner/accused No.3 is implicated. Already the rice in question is seized through mahazar. Accused Nos.1 and 2 have been released on bail by the Trial Court. Consequently, the custodial interrogation of petitioner is not required. The apprehension of the prosecution that petitioner/accused No.3 may abscond or tamper with the witnesses may be overcome by imposing conditions. Taking into consideration all these aspects, this Court is of the considered opinion that this is a fit case to release the petitioner/accused No.3 on bail and accordingly, I proceed to pass the following:
ORDER
i) Petition is allowed.
ii) Petitioner/accused No.3 shall be released, in the event of his arrest in Crime No.307/2022 of Rural Police Station, Ballari registered for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, Sections 3, 4, 12, -5- CRL.P No. 100441 of 2023 18 and 19 of the Essential Commodities (Public Distribution System) PDS Controlling Order, 2015 and Sections 3 (2)(1), 4, 6 and 8 of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order 1981, subject to following:
CONDITIONS
a) The petitioner/accused No.3 shall execute a personal bond in a sum of Rs.50,000/- with two sureties for the like-sum.
b) He shall appear before the investigating officer within a period of 15 days and execute the bail bond and offer sureties.
c) Petitioner/accused No.3 shall make himself available for the purpose of investigation as and when required and he shall co-operate with the investigation.-6-
CRL.P No. 100441 of 2023
d) Petitioner/accused No.3 shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.
e) Petitioner/accused No.3 shall mark his attendance at the Jurisdictional Police Station once in 15 days till filing of the charge sheet.
f) Petitioner/accused No.3 shall not tamper with the prosecution witnesses either directly or indirectly.
g) Petitioner/accused No.3 shall not indulge in any criminal activities.
h) Petitioner/accused No.3 shall be regular in attending the Court proceedings.
Sd/-
JUDGE KGK List No.: 1 Sl No.: 40