Karnataka High Court
Naveen B C vs State Of Karnataka on 20 September, 2022
Author: K.Natarajan
Bench: K.Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.8466 OF 2022
CONNECTED WITH
CRIMINAL PETITION NO.8458 OF 2022
IN CRIMINAL PETITION NO.8466 OF 2022
BETWEEN
NAVEEN B C
S/O CHANDRAIAH
AGED 43 YEARS
PROPRIETOR: NAVEEN AUTOMOBILES
R/O ARJUNAPPA GARDEN
VIDHYANAGAR
TIPTUR TOWN-572201
TUMKUR DISTRICT.
... PETITIONER
(BY SRI SHIVARAMU H C, ADVOCATE)
AND
STATE OF KARNATAKA
BY SHO
TIPTUR TOWN POLICE STATION
TIPTUR-SUB-DIVISION
TIPTUR-572204
TUMKUR DISTRICT
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001. ... RESPONDENT
(BY SRI KRISHNA KUMAR K.K., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
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ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.130/2022 OF TIPTUR TOWN P.S., TUMKURU
DISTRICT FOR THE OFFENCE P/U/S 420 OF IPC AND
SEC.51(1),63 OF COPY RIGHT ACT PENDING ON THE FILE OF
THE LEARNED SENIOR CIVIL JUDGE AND JMFC, TIPTUR.
IN CRIMINAL PETITION NO.8458 OF 2022
BETWEEN
1 . P U PRASHANTH
S/O P M UMAPATHI
AGE 50 YEARS
PROPRIETOR
INDIRA AUTOMOBILES
B H ROAD
TIPTUR TOWN-572201
TUMKUR DISTRICT.
2 . JAGADEESH
S/O NARAYANJI
AGE 48 YEARS
POOJA ARALIKATTE
B H ROAD
TIPTUR
TUMKUR DISTRICT-572201
... PETITIONERS
(BY SRI SHIVARAMU H C, ADVOCATE)
AND
STATE OF KARNATAKA
BY SHO
TIPTUR TOWN POLICE STATION
TIPTUR SUB DIVISION
TIPTUR-572201
TUMKUR DISTRICT
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001. ... RESPONDENT
(BY SRI KRISHNA KUMAR K.K., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
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ARREST IN CR.NO.130/2022 OF TIPTUR TOWN P.S., TUMKURU
DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION
420 OF IPC AND SEC.51(1),63 OF COPY RIGHT ACT PENDING
ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC,
TIPTUR.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The Crl.P.No.8458/2022 is filed by the petitioners/accused Nos.1 and 2 and the Crl.P.No.8466/2022 is filed by the petitioner-accused No.3, under Section 438 of Cr.P.C., for granting anticipatory bail in Crime No.130/2022 registered by Tiptur Town Police Station, Tumkuru District for the offences punishable under Section 420 of IPC and Sec.51(1),63 of Copy Right Act.
2. Heard the arguments of learned counsel for petitioners and learned HCGP for respondent-State.
3. The case of the prosecution is that on the complaint of one Mani Maran T., Senior Manager, EIPR 4 India Pvt. Ltd., Kancheepuram, Tamil Nadu, who is an authorized officer of TVS Company filed complaint on 23.07.2022 alleging that he came to know that the accused persons are the owners of Automobiles shops namely Indra Auto, Naveen Auto and Pooja Auto at Tiptur town who were selling duplicate automobile spare parts mentioning the name of TVS Company and thereby caused loss to TVS Company. After registering the case, police are making hectic effort to arrest these petitioners, hence the petitioners are before this Court.
4. Upon hearing the arguments and perusal of the records, which reveals of course petitioners are said to be owners of automobile spare parts shop. Learned counsel for the petitioners submits they are retail shop owners and they have purchased automobile spare parts from the wholesale dealers and they do not know anything about the duplication 5 of the products or copy rights etc. The matter requires detailed investigation. It is mentioned that the spare parts said to be sold in their shop, which is not belonging to TVS Company, but it was fake product in name of the TVS Company. Therefore, looking to the facts and circumstances of the case, petitioners being resident of Tiptur and they are ready to abide by any conditions, who are running the businesses there and there is chances of further selling their products without their knowledge and purchase from the whole sale dealer. It is matter of investigation whether the petitioners knowingly purchased duplicate products of TVS Company or without knowledge. Therefore, without expressing any opinion on the merits of the case, if the bail is granted no prejudice would be caused to the case of the prosecution.
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Accordingly, these Criminal petitions are allowed.
The respondent/Police are directed to release the petitioners/accused Nos.1 to 3, on bail in the event of their arrest in Crime No.130/2022 registered by Tiptur Town Police Station, Tumkuru District for the offences punishable under Section 420 of IPC and Sec.51(1),63 of Copy Right Act, subject to the following conditions:
(i) Petitioners shall execute a personal bond for sum of Rs.2,00,000/- (Rupees One Lakh only) each, with two sureties each, for the likesum to the satisfaction of the Investigating Officer;
(ii) Petitioners shall surrender before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order;
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(iii) Petitioners shall not directly or
indirectly tamper with any of the
prosecution witnesses;
(iv) Petitioners shall not indulge in any
similar offences;
(v) Petitioners shall be deemed custody for
the purpose of any recovery under
Section 27 of the Indian Evidence Act, 1872; and
(vi) Petitioners shall mark their attendance before the Investigating Officer between 10.00 a.m. and 4.00 p.m. on every Monday for a period of two months or till filing of charge-sheet whichever is earlier.
If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.
Sd/-
JUDGE AKV