Karnataka High Court
S Raju S/O. Shivamurthy vs The State Of Karnataka on 14 March, 2008
Author: N.Ananda
Bench: N.Ananda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE. DATED THIS THE 147 DAY OF MARCH 2008 BEFORE | THE HON''BLE MR.JUSTICE N. ANANDA CRIMINAL PETITION NO.S97/2008 BETWEEN: | S. Raju Sjo Shivaourthy, me ' ° Aged about 35 years, : Pro. Raghavendra Aute Parts, ~~ Om Shiva Coreplex, Oe! Bellary Road, Challakere, R/o Matlakari Nagare, Challakere Town. (By Sri. B. Pramod, Adv.) AND oT 'be State of Karnataka By its State Public Prosecutor, __ High Couit of Karnataka, .. Bangalore - 560 001. ase Respondent _ (By Sri. Anand K. Navalgimath, HCGP) : This petition is filed under section 438 Cr.P.C. praying . to release the petitioner on bail in the event of his arrest in Cr.No.47/08 of Challakere Police Station of Chitradurga Dist., which is registered for the offence p/u/s. 420 of IPC and Sec.63 of the copy rights act and etc. The petition coming on for orders this day. the Comt | made the following: sae The petitioner i: is: + arrayed aS 'accused no. 2 in Crime No.47 /08 registered for offences punichable under section 420 IPC and Section 63 of Copy Rights Act by Challakere police is seeking a direction under section 438 Cr.P.C. 2. | AS per 1 oe 'complaint lodged by one Ramesh, Manager of C31 Consultants Pvt. Ltd, appointed by M/s Motor Industries Company Ltd, I-petitioner being proprietor 7 | of M Js Raghavendra Automobiles was found selling oil filters : : 'and diesel Siters as products of MICO. On a complaint teeged. by 'complainant the Sub-Inspector of police raided - shop of petitioner on 30.1.2008 and found the petitioner | s . selling imitated oil filter, and diesel filteyy as products of "MICO. Therefore, complaint was registered for the aforesaid | offences. Nw Grad 3. I have heard learned Counsel for petitioner and learned Government Advocate. for State. 4. Under section 14. of Copyrights Act, copyright has been defined as under: wn" "14. Meaning of copyright - For the purpose of this Act, "copyright" meens the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial pa:t thereof:- : -(a) in the cese of a literary, dramatic or musical work, not heing a computer programme,- (to reproduce the work in any material from Bs, including the storing of it in any medium by . électrenic means; . (i) to issue copies of the work to the public not -- . being copies already in. circulation; - Gi) to perform the work in public, or ". *. "gomumunicate it to the public; (iv) to make any cinematograph film or sound _ recording in respect of the work: ~ {v) to make any translation of the work: » (vi) to make any adaptation of the work; (vil) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub- clauses (I) to (vi); (b) in the case of a computer programme; - (i) to do any of the acts specified in clause (a); (ii) to sell or give on commercial rental or offer | for sale or for commercial retztal. any copy of the computer programme; provided that 'such commercial rental does not apply in respect of computer programmes where the prograiame itgelt: is "net the essential object of the renta). ey (3 in the case ofan artistic work, - - a (a) ; Gy os : Het (v) wo yeprodace the work in any material form including depiction in three dimensions of a _ 'two-dimensional work or in two dimensions i) of @ three-dimenusional work; to communicaic the work to the public; 'to issue nopies of the work to the public not being copies already in circulation; to include the work in any cinematograph 'film; » {9 meke any adaptation of the work; to do in relation to an adaptation of the work ~. any of the acts specified in relation to the - Work in sub-clauses (I) to (iv); (a | in the case of a cinematograph film,- (i) (ii) (iii) to make a copy of the film, including a photograph of any image forming part thereof; to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions; to communicate the film to the public; (e) in the case of a sound recording,- | L WW. ~N pred) ' to make any other sound. recorling embodying it; SO Oe (i) = to sell or give on hire. or offer for sale or hire, - any copy of the sound recording regardless of whether such copy has becn scld or given on hire on earlier oceasions;. (ii) to communicate the sound recording to the public. Explanation- For the purposes of this section, a copy which has been scld once shall be deemed to be a copy already in citcuiation." 5. Under Sec.63 of the said Act which provides for punishment for infringement of copyrights or other rights has been defined as 'under: . "63. Offences. of infringement of copyright or other ~ tights conferred by this Act- Any person who knowingly infringes or abets the infringement of- (a) the copyright in a work, or (b) any other right conferred by this Act except the . right conferred by Section 53-A, ' shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees; Provided that where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of 1. aude. imprisonment for a term of "less than six mon the ov a fine of less than fifty thousand rupecs. Explanation, - Construction ors building or other structure which infringes or which, if completed, would infringe the copyrignt in some other work shall not be an offence under this section." In the case on had, 'petitioner is elleged to have sold oil filters and diesel filters as "products mannfactured by MICO. _The investigation of case is under progress. The -- petitioner could be. made available to Investigation Officer for purpose of imterrogstion. The Investigation Officer has to consirter whether offence alleged against petitioner would a attract, provisions 'of sec.63 of the Copy Right Act. In these : : : circomstances, I] accept the petition and following order is passed: a ORDER
I. The petition is allowed.
li. If petitioners is arrested by Challakere Police Station in connection with Crime No.47/2008 he shall be released on bail on his executing a bond for a sum of Rs.25,000/- and offering a surety for the ike sum.
Vv al. ak. .
HI.
The petitioner shall : appear before investigation | Officer for the purpose of investigation whenever called upon to do so. | The petitioner shad hot intimidate 'or tamper with prosecution witnesses.
This order would ke operative § :or a peniod of two menths from today, within. such time, petitioner shail appear before jurisdictional Court and seek "regular bail. In such. an event, the jurisdictional "court shall _consider the application without
- being influenced 'by the observations made in this order... -