Naseeruddin S/O. Imamasab Suntanur vs The State Through University P.S. on 31 July, 2014

[Cites 3, Cited by 0]

Karnataka High Court

Naseeruddin S/O. Imamasab Suntanur vs The State Through University P.S. on 31 July, 2014

Bench: Rathnakala

                               1




           IN THE HIGH COURT OF KARNATAKA
                     GULBARGA BENCH

        DATED THIS THE 31ST DAY OF JULY, 2014

                             BEFORE

       THE HON'BLE MRS. JUSTICE RATHNAKALA

              CRL. PETITION No.200663/2014

BETWEEN:

NASEERUDDIN
S/O. IMAMASAB SUNTANUR
AGE: YEARS, OCC: DRIVER
R/O. KADAGANCHI
TQ. ALAND, DIST. GULBARGA

                                              ...PETITIONER
(BY SRI ASHOK MULAGE, ADV.)


AND:

THE STATE THROUGH
UNIVERSITY P.S.
GULBARGA
                                             ...RESPONDENT

(BY SRI S.S.ASPALLI, HCGP)

      THIS CRL.P. IS FILED UNDER SECTION U/S. 438 OF CR.P.C
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO, ENLARGE THE PETITIONER
ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.161/2014 OF
UNIVERSITY P.S. GULBARGA, WHICH IS REGISTERED FOR THE
OFFENCES P/U/Ss.3(2), (d), 7 OF ESSENTIAL COMMODITIES ACT
1955.
                                  2




     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:


                           ORDER

This petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No.161/2014 of University Police Station registered for the offences punishable under Sections 3(2)(d), 7 of Essential Commodities Act.

2. Petitioner is the driver of the tanker lorry. The allegation is he was using kerosene as fuel to his engine instead of using diesel thereby violated the provisions of Section 3(2)(d) of Essential Commodities Act.

3. Sri Ashok Mulage, learned counsel for the petitioner submits that reasonably apprehend arrest since the offence is not bailable, he is having responsibility of maintaining their respective family. Hence, he may be released on bail.

4. Sri S.S.Aspalli, learned HCGP for the State opposes the petition.

5. As of now the sample of fuel collected is from the respective tanker lorry is seized under a mahazar and sent for FSL for chemical analysis and the report is awaited. Having regard to the nature of allegation, I hold there is no impediment to enlarge the petitioner on bail.

6. Accordingly, the petition is allowed. Petitioner is granted bail in Crime No.161/2014 of University Police Station, subject to following conditions:

In the event of arrest of the petitioner by the respondent IO, he shall be released on bail on executing a self bond for a sum of Rs.50,000/- with one surety for the likesum.

Sd/-

JUDGE sdu

Unlock Advanced Research with PRISMAI

Karnataka High Court