Karnataka High Court
Sri Nagendra S Navale vs State Of Karnataka on 24 April, 2017
Author: Rathnakala
Bench: Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.1654 OF 2017
BETWEEN:
Sri. Nagendra S. Navale
S/o Shivakumar Navale
Aged about 39 years
R/at Maratha Galli
Hospet Beedhi
Harihara
Davanagere District - 577002 ...Petitioner
(By Sri. S. Vishwajith Shetty, Advocate)
AND:
State of Karnataka
By Town Police Station
Harihara
Represented by State Public Prosecutor
High Court Building,
Bengaluru - 560001 ...Respondent
(By Sri. B.J. Eshwarappa, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioner on bail in the
event of his arrest in Crime No.194/2016 of Harihara
Town Police Station, Davanagere for the offence
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punishable under Sections 420, 471 and 468 of IPC,
Sections 7 and 3 of Essential Commodities Act and
Sections 66(C), 66(D) and 72 of Information Technology
Act.
This Criminal Petition coming on for Orders this
day, the Court made the following:
ORDER
The respondent police have registered a FIR against the petitioner in their Crime No.194/2016 dated 28.12.2016 in respect of the offences under Sections 420, 471 and 468 of IPC, Sections 7 and 3 of Essential Commodities Act and Sections 66(C), 66(D) and 72 of Information Technology Act.
2. The allegation is, the petitioner being the owner of the Fair Price Shop by using his Aadhaar Card, downloaded 2771 food coupons for the last two months, which is meant for distribution of the groceries to the BPL Card holders.
3. Sri. S. Vishwajith Shetty, learned counsel appearing for the petitioner submits that the petitioner is -3- running the Fair Price Shop for the last 12 years. Till date, there is no allegation against him of any sort. Perhaps somebody mischievously have used his Aadhaar Card. However, all the required evidence is now available with the complainant Authority in black and white and his custodial interrogations may not be required and he may be granted anticipatory bail.
5. Having regard to the facts and circumstance of the case, the petition is allowed.
6. Accordingly, petition is allowed. Petitioner is granted anticipatory bail in Crime No.194/2016 registered by the respondent-Police, subject to following conditions:
(i) He shall forthwith appear before respondent-
Investigating Officer. In that event, the Investigating Officer is at liberty to interrogate them.
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(ii) In the event of his arrest by the respondent-
Investigating Officer in respect of the above case, he shall be released on bail by executing a self bond for a sum of Rs.50,000/- with one surety for the likesum.
(iii) He shall co-operate with the Investigating Officer during the further course of investigation.
Sd/-
JUDGE Mds/-