IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.377 OF 2019 BETWEEN:
H. N. Govindaraju S/o Ningegowda Aged about 42 years R/a No.279, Janatha Layout Alanahally, Mysuru – 571440 Mysuru District.
...Petitioner (By Sri. B. Lathif, Advocate) AND:
The State of Karnataka By Nazarbad Police Station Mysuru, Mysuru District Rep. by SPP High Court Building Bangalore – 560001.
...Respondent (By Sri. M. Divakar Maddur – HCGP) This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Cr. No. 277/2018 of Nazarbad Police Station, Mysuru City for the offence P/U/S 3 and 7 of the Essential Commodities Act, 1955.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.277/2018 of Nazarbad police station, Mysuru for the offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955.
2. I have heard learned counsel for the petitioner-accused and learned HCGP for the respondent-State.
3. The brief facts of the prosecution is that on 22.12.2018, at about 5.30 p.m. the complainant went to shop No.2 at Yeraganahalli Main Road and thereafter, they came to know that illegally refilling of LPG gas cylinders was carrying on. Immediately, they seized the said cylinders and drawn mahazar and registered a case.
4. It is the submission of learned counsel for petitioner that the accused petitioner is an innocent and he was not presented at the place of incident where raid has taken place. As per Section 11 of the Essential Commodities Act, 1955 (hereinafter referred as ‘the act’ for short), the police have no power to register the case, it is the only Magistrate to take cognizance on private complaint. He further submits that the alleged offence is not punishable with death or imprisonment for life. The accused petitioner is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer sureties, if he is released on bail. On these grounds, he prays to allow the petition and to release him on bail.
5. Per contra, learned HCGP vehemently argued and submitted that the petitioner has involved in illegal refilling of gas cylinders which is considered as an essential commodity and which is going to be used by the general public. He further submits that he is in the habit of doing illegal activities. The police have immediately seized the empty gas cylinders and refilling instruments and other articles. There is prima-facie material as against the accused petitioner. The investigation is still under progress, at this stage, if the accused petitioner is released on bail, he may abscond and may not be available for the investigation or interrogation. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of learned counsel appearing for the parties and also perused records.
7. On close reading of Section 11 of the said Act, there is bar for the police to register the case suomoto. It is only the public servants defined under Section 21 of IPC or any Consumer or Association or Member of the Association can file complaint to the Magistrate and the Magistrate has to take cognizance, that is the matter which has to be considered and appreciated only at the time of trial and not at this pre- matured stage.
8. As could be seen from Sections 3 and 7 of the Act, the alleged offence is not punishable with death or imprisonment for life. Under the said circumstance, I feel that, by imposing some stringent conditions, if the accused petitioner is enlarged on bail, then, it is going to meet the ends of justice.
In the light of the discussions held above, the petition is allowed. The accused petitioner is ordered to be released on anticipatory bail in the event of his arrest in Crime No.277/2018 of Nazarbad Police, Mysuru for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 subject to following conditions;
1. The Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. He shall mark his attendance once in 15 days between 10.00 a.m. to 5.00 p.m. till charge sheet is filed.
5. He shall not leave the jurisdiction without prior permission of the Court.
Sd/- JUDGE PN/-