G. Mallinath vs The State Of Karnataka on 10 February, 2017

[Cites 3, Cited by 27]

Karnataka High Court

G. Mallinath vs The State Of Karnataka on 10 February, 2017

Bench: K.N.Phaneendra

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           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

          Dated this the 10th day of February 2017

                          BEFORE

      THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

             Criminal Petition No.100117/2017

Between

G. Mallinath,
S/o Gurushanthappa,
Age: 62 Years, Occ: Business,
R/o: Bharathi Nagar, Amaravathi,
Hosapete, Dist: Ballari.                        ...Petitioner

(By Sri. K. L. Patil, Advocate)


And

The State of Karnataka,
Rep. by State Public Prosecutor,
High Court of Karnataka, Dharwad,
Through Rural PS, Hosapete.                   ...Respondent

(By Sri. V.M.Banakar,SPP)

      This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to grant anticipatory bail to the petitioner
in the event of his arrest in Crime No.203/2016 of
Hosapete Rural Police Station registered for the offences
punishable under Section 7 and 3 of Essential
Commodities Act, and under section 18 of Karnataka
Essential Commodities Public Distribution System Public
Control Order 1992.
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      This Criminal Petition coming on for Orders this day,
the Court made the following:

                         ORDER

Heard the learned counsel for the petitioner and the learned State Public Prosecutor for the respondent. Perused the records.

2. The brief factual matrix that emanate from the records are that the Food Inspector of Hosapete, on a credible information that some people had stored blue kerosene in the premises of Sri Annapoorneshwari Granite Factory, near Rajeev Nagar, and were attempting to transport the said blue kerosene. On such allegations, lodged a complaint with the police. The police went to the said premises and saw 47 barrels of blue kerosene, which was meant for distribution amongst the card holders of fair price depots. On the suspicion that the blue kerosene, approximately 9,400 liters contained in 47 barrels, were stored in the said premises for the purpose of transporting in violation of the Food and Civil Supplies Orders, the police seized the said articles and also took into their custody two persons, by name, Sri Jeevan Reddy and Sri 3 Sayed Raj, who are said to be Supervisor and Driver working under the petitioner Sri G.Mallinath. During the course of investigation these two persons have disclosed that the said lorry and as well as 47 barrels belongs to the petitioner. On that ground, the police suspected the petitioner and are making arrangement to apprehend the petitioner.

3. The learned counsel for the petitioner contended that the petitioner is a licence holder for the purpose of distribution of blue kerosene in fair price depot. But, it is not shown to the Court, whether the petitioner can store such a huge quantity of blue kerosene in his establishment. It has to be investigated by the police whether the petitioner has got any licence for storing and distribution of the blue kerosene. The offences alleged are not punishable either with death or imprisonment for life. The offences under Section 3 and 7 of the Essential Commodities Act, 1955, are triable by the Magistrate.

4. Looking to the above said circumstances, as there are no previous bad antecedents alleged against the 4 petitioner, I am of the opinion that the petitioner had made out a ground for grant of bail. Hence, the following order:

Order The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.203/2016 of Hosapete Rural Police Station, for the offences under Sections 3 and 7 of the Essential Commodities Act and under Section 18 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 1992, on the following conditions:

i) The petitioner shall surrender himself before the Investigating Officer within one week from the date of receipt of a copy of this order and execute a personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Investigating Officer.

ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.

iii) The petitioner shall make himself available to the Investigating Officer as and when required in connection with the case for the purpose of investigation, interrogation etc.

iv) The petitioner shall appear before the Court on all future hearing dates unless exempted by the Court for genuine reason.

Sd/-

JUDGE Kms

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