Karnataka High Court
Chand Sha @ Saheb Ali vs The State Of Karnataka on 11 May, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MAY, 2020
BEFORE
THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.2226/2020
BETWEEN:
CHAND SHA @ SAHEB ALI
S/O. TAHER ALI
AGE: 25 YEARS
OCC: PRIVATE WORK (DRIVER)
R/O. PLOT NO.68, 4TH CROSS,
MSK MILL RING ROAD
MISBA NAGAR
KALABURAGI 585 101.
PETITIONER
(BY SRI. PARAMESHWAR N. HEGDE, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY
KALABURAGI RURAL PS
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU 560 001
(BY PUBLIC PROSECUTOR)
RESPONDENT
(BY SRI. DIWAKAR MADDUR HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER
PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME
No.49/2020 REGISTERED BY THE RESPONDENT POLICE
AGAINST THE PETITIONER FOR THE OFFENCES
PUNISHABLE UNDER SECTION 3 AND 7 OF THE ESSENTIAL
COMMODITIES ACT, 1955 AND SECTION 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT THROUGH VIDEO CONFERENCE AT
BENGALURU MADE THE FOLLOWING:
ORDER
The matter is taken up through Video Conference today.
2. Learned counsel Sri. Parameshwar N. Hegde for petitioner and Sri. Diwakar Maddur, learned HCGP for respondent are present.
3. The petition is filed under Section 439 of Cr.P.C., wherein the petitioner seeks grant of bail in Crime No.49/2020 registered against him for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and Section 420 of IPC of the respondent- Kalaburagi Rural Police Station. 3
4. The date of complaint is 13.4.2020 and petitioner is stated to be arrested and remanded to in judicial custody on the same day.
5. Previously, the petitioner had made application before the learned District and Sessions Judge, Kalaburgi in C.Crl.Misc. Petition No.11/2020 under Section 439 of Cr.P.C. and that petition came to be dismissed on 17.4.2020. Hence, this petition.
6. Copy of the petition is served on learned HCGP for respondent.
7. Heard.
8. On the basis of the complaint lodged by one Smt. Bharati Patil, Food Inspector, Kalaburagi, on 13.4.2020, a criminal case is registered in Crime No.49/2020 against the petitioner and others for the offences punishable under Sections 7 and 3 of Essential Commodities Act, 1955 and under Section 420 of IPC. One Smt. Bharathi Patil submitted a report 4 on the said date stating that on the information given by the police she and her officials visited Ramalingeswara Daal Mill, situated at Industrial Area of Kalaburgi City, and found one 407 Tempo vehicle bearing Registration No.KA.32.D.3307 was loaded with Food grains for transport. On being search conducted in the presence of two panchas, she found 621 rice bags each weighing 25 kgs, 154 wheat bags each weighing 50 kgs, 9 packets of milk powder each weighing 01 kg, 27 packets of ½ kg milk powder. It is also stated that the complainant seized said items under lawful panchanama and apprehended the accused. Thus, the said goods came to be seized and the petitioner is arrested and he is the accused No.4 -
Chand Sha. As per FIR, Accused No.1- Revanasiddappa Mahajen is stated to be the owner of Ravenasiddeswara Enterprises and one M. Ghouse is the manager of the said Enterprises, Ramalingeswara, 5 Dal Mill owner. All those items are seized and the petitioner was arrested on the same day i.e. on 13.4.2020 and he is stated to be in judicial custody.
9. Learned counsel Sri. Parameswar N. Hegde for petitioner submits that the bail petition filed before the trial judge was rejected on 17.4.2020. Learned counsel would submit that the petitioner does not have any criminal background and he is facing difficulties and suffering living apart from the family as he is bread winner for the family. The petitioner was in custody from 13.4.2020. There are no complaint of interference to the investigation from the side of the petitioner who is the accused No.5.
10. Learned Government Pleader for respondent opposes the bail petition of the petitioner and submitted that petitioner has not made out ground for getting bail. The stay of the petitioner in the judicial custody has no relevant for his release. The intentions 6 of the petitioner are not good. The conduct of the petitioner is threatening also. Hew does not appear to be a law abiding citizen and has committed heinous offences. Learned counsel also submits regarding Covid -19 pandemic.
11. The offences alleged against the petitioner are under Sections 7 and 3 of Essential Commodities Act, 1955 and under Section 420 of IPC. Learned counsel would submit that petitioner has no criminal antecedent and not a habitual offender. The circumstances of the case are that on the allegation of the aforesaid offences, the petitioner was arrested and committed to judicial custody and his bail petition was rejected by learned District Judge. I have taken note of the prevailing situation and the restless atmosphere and the pandemic. Considering the nature and circumstances of the case, I am of the opinion that no prejudice will be caused to the prosecution if the 7 petitioner is granted bail and released from the judicial custody. The apprehension of the prosecution could be resolved by imposing conditions.
12. Hence, the petition filed by the petitioner is allowed. The petitioner is released on bail in Crime No.49/2020 registered by the respondent-Police against the petitioner for the offences punishable under Section 7 and 3 of Essential Commodities Act, 1955 and under Section 420 of IPC, subject to the following conditions:
(i) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with a surety of a person possessing immovable properties for the likesum;
(ii) Petitioner shall not terrorise the witnesses or tamper with the prosecution evidence in any manner and shall not come into 8 contact with the complainant or her family members; and
(iii) Petitioner shall undergo medical check up immediately within 24 hours by suitable Medical Officer upon his release on bail and shall invariably stay at the home and quarantine himself exclusively for a period of 14 days from the date of release, unless, he is required for hospitalization.
Sd/-
JUDGE tsn*