Karnataka High Court
K Manjunatha S/O Late Kampli Rudragouda vs State Of Karnataka on 20 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102486 OF 2022
C/W
CRL.P.NO.102487 OF 2022, CRL. P.NO.102488 OF 2022,
CRL. P.NO.102522 OF 2022 AND CRL. P.NO.102526 OF 2022
IN CRIMINAL PETITION N O.102486 OF 2022
BETWEEN:
K.MA NJUNA THA S /O LA TE KA MPLI R UDRAGOU DA ,
AGE: 44 Y EARS , OCC: HEA D MASTER
GOVERNMENT HIGH ER PR IMARY SCH OOL ,
UPPARA HOSAHA LLI VILLAGE, TQ: S IRUGUPPA,
R/O. WAR D NO.1 , NEAR AGAS E,
UPPARAHOSAHALLI V ILLA GE,
TQ: S IRUGUPPA , DIST:BALLARI.
...PETI TIONER
(B Y S HR I A NWAR BASHA., A DV OCA TE)
AND:
STA TE OF KARNA TAKA,
SIRAGUP PA POL IC E S TA TION,
BY S TATE PUBL IC PROS ECUTOR,
HIGH COUR T OF KARNA TAKA,
DHARWAD B ENCH,
(THR OUGH S IR UG UPPA POL ICE S TATION),
BALLAR I- 583101.
...R ESPONDENT
(B Y S HR I PRASHA NTH V.MOGAL I., HCGP)
IN CRIMINAL PETITION N O.102487 OF 2022
BETWEEN:
PALAKSHI GOU DA .C S/O CHOKKA
BASAVANA GOU DA , AGE: 38 YEARS,
OCC :A GRICU LTUR E, R/O.H.NO.18,
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CRL.P NO. 102486/2022
C/W CRL.P.NO.102487/2022,
CRL.P.NO.102488/2022,
CRL.P.NO.102522/2022 AND
CRL.P.NO.102526/2022
WAR D NO.1, K.B ELAGAL V ILLAG E,
TQ: S IRUGUPPA , DIST: BALLAR I.
...PETI TIONER
(B Y S HR I A NWAR BASHA., A DV OCA TE)
AND:
STA TE OF KARNA TAKA,
SIRAGUP PA POL IC E S TA TION,
BY S TATE PUBL IC PROS ECUTOR,
HIGH COUR T OF KARNA TAKA,
DHARWAD B ENCH,
THR OUGH S IR UG UPPA POL ICE S TA TION,
...R ESPONDENT
(B Y S HR I PRASHA NTH V.MOGAL I, HCGP )
IN CRIMINAL PETITION N O.102488 OF 2022
BETWEEN:
1. K. B HEEMA NNA S /O LINGAPPA ,
AG E: 44 YEARS , OCC :AGRICULTU RE AND
BANDRAHALU GRAMA PA NCHA YA T MEMB ER,
R/O. NEAR BASAV ARAJA PPA TEMPL E,
BANGRAHAL U VILL AGE, TQ:S IRUGUPPA,
DIS T:BAL LAR I-583101.
2. C. G IRISH GOU DA S/O C.C HA NDRAGOU DA ,
AG E:38 YEARS, OCC:A GR ICULTUR E
AND EX-APMC PRESIDENT, R /O. NO.81,
GOU DARA STR EET, NAGARAHA L V ILL AG E,
TQ: SIRU GUPPA, DIS T:BAL LARI -583101.
...P ETITIONERS
(B Y S HR I A NWAR BASHA., A DV OCA TE)
-3-
CRL.P NO. 102486/2022
C/W CRL.P.NO.102487/2022,
CRL.P.NO.102488/2022,
CRL.P.NO.102522/2022 AND
CRL.P.NO.102526/2022
AND:
STA TE OF KARNA TAKA,
SIRAGUP PA POL IC E S TA TION,
BY S TATE PUBL IC PROS ECUTOR,
HIGH COUR T OF KARNA TAKA,
DHARWAD B ENCH-580001,
THR OUGH S IR UG UPPA POL ICE
STA TION, DIS T: BALLARI.
...R ESPONDENT
(B Y S HR I PRASHA NTH V.MOGAL I., HCGP)
IN CRIMINAL PETITION N O.102522 OF 2022
BETWEEN:
SRI PURUSHO THA MA.Y,
S/O A NJINAPPA.Y, AGE:30 YEARS,
OCC :WORKI NG AS GAR DER ,
R/O 22 N D WARD, B EHIND SA IBABA
TALKI ES, ADO NI ROAD,
POST & TQ: S IRUGUPPA,
DIS T: BA LLAR I.
...PETI TIONER
(B Y S HR I SA THISH M.S., A DVOCATE)
AND:
THE S TA TE OF KARNA TAKA,
BY S IRUGUPPA PO LIC E STA TION,
SIRUGUPPA,
REP. B Y STATE PU BLIC PR OS EC UTOR ,
HIGH COUR T, DHA RWA D.
...R ESPONDENT
(B Y S HR I PRASHA NTH V.MOGAL I., HCGP)
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CRL.P NO. 102486/2022
C/W CRL.P.NO.102487/2022,
CRL.P.NO.102488/2022,
CRL.P.NO.102522/2022 AND
CRL.P.NO.102526/2022
IN CRIMINAL PETITION N O.102526 OF 2022
BETWEEN:
P.S IDDAPPA S /O R AMAP PA,
AGE ABOUT 60 YEARS, OCC:A GR IC ULT UR IST,
R/O WARD NO .1, NEAR ESH WAR TEMPLE,
K. S UGUR U V ILLAGE, TQ: S IRU GUPP A,
DIS T: BA LLAR I-583121.
...PETI TIONER
(B Y S HR I K .S.PA TIL, A DVOCA TE)
AND:
THE S TA TE OF KARNA TAKA,
BY S UB -INS PEC TOR O F POLICE
SIRAGUP PA POL IC E S TA TION,
DIS T: BA LLAR I,
REPR ES ENTED B Y SPP ,
HIGH COUR T OF KARNA TAKA,
DHARWAD-580001.
...R ESPONDENT
(B Y S HR I PRASHA NTH V.MOGAL I., HCGP)
* * *
THES E CRIMI NA L PETITIO NS AR E FILED U/S EC .438
OF CR .P.C., S EEKI NG TO ENLAR GE THE P ETITIONERS /
ACCUS ED ON ANTICIPA TOR Y BA IL IN TH E EVENT OF THEI R
ARREST I N CRIME NO.178/2022 OF SIRU GUPPA POLICE
STA TION REG ISTERED FOR THE OFFENCES PU NIS HABLE
UNDER SEC TIONS 7, 3 OF ESS ENTIAL COMMODITI ES ACT
1955, SEC TIONS 4, 8, 3(2) (i ) (6) O F KAR NA TAKA
ESS ENTIAL C OMMODIT IES (S TORAG E A CCOUNTS
MA INTAI NING V ALU E NOTIFI CATIO N) ORDER 1 981,
SECTION 12 OF KARNATAKA ES SENTIAL C OMMODITIES
(PUB LIC DIS TR IB UTION SYS TEM) PUBLIC CONTROL ORDER
2016 AND S ECTI ONS 403, 409, 420 OF IPC, IN THE
I NTER ES T OF JUST ICE A ND EQU ITY.
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CRL.P NO. 102486/2022
C/W CRL.P.NO.102487/2022,
CRL.P.NO.102488/2022,
CRL.P.NO.102522/2022 AND
CRL.P.NO.102526/2022
THES E CRIMI NA L PETITIO NS AR E COMING ON FOR
ORDE RS, THIS DA Y, TH E C OURT MADE TH E FOLLOWING:
ORDER
Criminal Petition No.102486/2022, Criminal Petition No.102487/2022, Criminal Petition No.102488/2022, Criminal Petition No.102522/2022 and Criminal Petition No.102526/2022 are filed by the petitioners under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.178/2022 registered by the Siruguppa Police Station for the offences punishable under Sections 7, 3 of the Essential Commodities Act 1955, Sections 4, 8, 3 (2) (i) (6) of Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order 1981, Sections 12 of Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016 and Sections 403, 409, 420 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for brevity). -6- CRL.P NO. 102486/2022
C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022
2. The case of the prosecution is that, one Sreedhar C, the Joint Director, Food & Civil Supplies and Consumer Affairs Department, Ballari district filed complaint stating that on 01.07.2022 he had surprise visit to the wholesale godowns and inspected Jawar quantify, which are purchased from farmers under MSP scheme 2021-2022 in the presence of one T.Mahesh, the Food Shirastedar, Siruguppa and Basavaraj, the Purchase Officer/Manager wholesale Godown KFCSC, Siruguppa, and Narayanaswamy, the Direct Manager of KFCSC, Ballari district. The complainant verified the physical stock in Balaji godown situated at Sindhanur road, Siruguppa between 3:00 p.m, and 4:00 p.m on 01.07.2022 and found physical stock of 5047 bags of Jawar. The complainant thereafter visited the APMC wholesale godown between 4:15 p.m, and 5:30 p.m, on 01.07.2022 and verified the physical stock and found physical stock of 50 -7- CRL.P NO. 102486/2022 C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022 Jawar bags. The total stocks in both the godowns is 5097 bags of Jawar each containing 50 k.g's and the total quantity is 2549.50 quintals of Jawar. It is stated that as per Online particulars, there should be 9030.92 quintals of Jawar to the end of June-2022, stock should be in the godowns. He found deficit of 7282.42 quintals of Jawar. The price by the Government is Rs.2,738/- per quintal and for 7282.42 quintals it will be Rs.1,99,39,265.96/-. In respect of the said deficit, the Stock Godown Manager by name Basavaraj was enquired and also his higher officer Narayaswamy, the District Manager KFCSC, Ballari, but they have not given proper reply. Thereafter, they were given show-cause notice but, they have not given any reply. The said none explanation by them confirms that they have misappropriated 7282.42 quintals of Jawar. During the month of July-2022, the Food and Civil Supplies and Consumer Affairs Department, Bengaluru -8- CRL.P NO. 102486/2022 C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022 ordered to distribute the said Jawar to public. Since, they have misappropriated the said quantity of Jawar, there was problem for distributing to the public. Accused Nos.1 and 2 misappropriated the Jawar, which was distributed by Government to the public and thereby they have dishonestly misappropriated the property for their use and thereby, committed criminal breach of trust in respect of the property entrusted to them and cheated the Government. He filed the said complaint on 06.07.2022 and the same to be registered against accused Nos.1 and 2 in Crime No.178/2022 for the aforesaid offences. During the investigation, accused No.1 came to be arrested on 11.07.2022 and he has been remanded to judicial custody. Accused No.1 has been granted bail subsequently by learned Civil Judge and J.M.F.C, Siruguppa by order dated 18.07.2022. Thereafter, the police arrested accused Nos.3 to 6 on 18.07.2022 and they were produced before -9- CRL.P NO. 102486/2022 C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022 learned Civil Judge and J.M.F.C Siruguppa and they were remanded to judicial custody. The said accused Nos.3 to 6 were granted bail by learned Civil Judge and J.M.F.C, Siruguppa.
3. The petitioners were not named as accused in the F.I.R. Apprehending their arrest, the petitioners have filed anticipatory bail petitions before the learned Principal District and Sessions Judge, Ballari seeking anticipatory bail and the same came to be rejected. Therefore, the petitioners are before this Court seeking anticipatory bail.
4. Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.
5. It would be the contention of the learned counsel appearing for the petitioners in Criminal Petition Nos.102486/2022, 102487/2022 and 102488/2022 is that,
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CRL.P NO. 102486/2022 C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022 petitioners in these petitions are having good relation with accused No.1 and therefore, the police are visiting in the residents of these petitioners to arrest them. The petitioner in Criminal Petition No.102486/2022 is working as a Head Master in a Government School and the petitioners in Criminal Petition Nos.102487/2022 and 102488/2022 are the farmers. It is his further submission that accused No.1 might have created fake bills in the name of these petitioners regarding purchase of Jawar and therefore, they apprehend their arrest. It is his further submission that, these petitioners are ready to cooperate with the police officer in the investigation. The offences alleged against the petitioners are not punishable with death or imprisonment for life.
6. Learned counsel for the petitioner in Criminal Petition No.102522/2022 would submit that this petitioner is working as a Grader in APMC godown and he is assigned
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CRL.P NO. 102486/2022
C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022 with the duty to grade the quality of products. It is his further submission that as the petitioner is working in godown of APMC, he is apprehending his arrest by the police as the police are frequently visiting his house. It is his further submission that, this petitioner is ready to cooperate with the police in the investigation.
7. Learned counsel for the petitioner in Criminal Petition No.102526/2022 would submit that, this petitioner is an agriculturist and his wife is running a PDS shop No.36 at Suguru village. It is his further submission that accused No.1 might have created the fake bills in the name of farmers and therefore, he apprehend his arrest. It is his further submission that the petitioner is ready to cooperate with the police in the investigation. The offences alleged against the petitioner are not punishable with death or imprisonment for life.
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CRL.P NO. 102486/2022 C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022 With this, learned counsel appearing for the petitioners in all the petitions pray to allow the petitions.
8. Per contra, learned High Court Government Pleader would contend that, the investigation is still under progress. The investigation already done shows that the accused persons have created FID in the names of farmers and registered them and created fake bills for purchase of the Jawar and made payment. It is his further submission that one of the offence alleged under Section 409 of IPC is provided with the sentence of imprisonment for life. It is his further submission that as the investigation is in progress, if the petitioners are granted anticipatory bail, they will hamper the investigation and tamper the prosecution witnesses. With this, he prayed to reject the petitions.
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CRL.P NO. 102486/2022 C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022
9. Having regard to the submission made by learned counsel appearing for the petitioners in the respective petitions and the learned High Court Government Pleader for the respondent-State, this Court has gone through the FIR, complaint, order passed by the learned Sessions Court and remand application.
10. A case came to be registered against accused Nos.1 and 2 for misappropriating the Jawar bags, which meant for supply to the PDS shops. During the course of investigation, the investigating officer arrested accused Nos.3 to 9, who are not named in the complaint/F.I.R as accused. The petitioner in Criminal Petition No.102522/2022 is working as a grader in APMC godown and he apprehends his arrest since he is working in the said godown where misappropriation alleged to have taken place. The petitioners in Criminal Petition Nos.102487/2022, 102488/2022 and 102526/2022 are
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CRL.P NO. 102486/2022 C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022 agriculturists/farmers and they apprehend their arrest as they are in good relation with accused No.1 and he might have created the fake bills in the names of farmers regarding purchase of the Jawar. The petitioner in Criminal Petition No.102486/2022 is working as a Head Master in Government Higher Primary School, Uppara Hosahalli village of Siruguppa taluk and he stated to be in good relation with accused No.1. He apprehends his arrest as he is in good relationship with accused No.1 and as the police are frequently visiting his house. These petitioners have undertaken to cooperate with the police in the investigation. The offences alleged in the F.I.R are not punishable with death or imprisonment for life except offence under Section 409 of IPC. There are no criminal antecedents of these petitioners.
11. The main apprehension of the prosecution is that, if the petitioners are granted anticipatory bail, they
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CRL.P NO. 102486/2022 C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022 will hamper the investigation and tamper the prosecution witnesses can be met with by imposing stringent conditions.
12. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER All the five petitions filed under Section 438 of Cr.P.C, are allowed. Consequently, all the petitioners are ordered to be released on bail in the event of their arrest in Crime No.178/2022 of Siruguppa Police Station, subject to the following conditions:
i. The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only)
- 16 -CRL.P NO. 102486/2022
C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022 each with one surety for the likesum to the satisfaction of the investigating officer.
ii. The petitioners shall voluntarily appear before the Investigating Officer within fifteen days from today and execute bail bond and furnish surety.
iii. The petitioners shall remain present before the Police Station concerned on every Sunday between 10:00 a.m to 6:00 p.m, and mark their presence for a period of two months or till filing of the final report whichever is earlier.
iv. The petitioners shall co-operate in the investigation and make themselves available for interrogation whenever required.
v. The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
vi. The petitioners shall not obstruct or hamper the police investigation and not to play mischief with
- 17 -CRL.P NO. 102486/2022
C/W CRL.P.NO.102487/2022, CRL.P.NO.102488/2022, CRL.P.NO.102522/2022 AND CRL.P.NO.102526/2022 the evidence collected or yet to be collected by the police.
Sd/-
JUDGE AM