IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.9120/2016 BETWEEN:
KRISHNAPPA. N.C, S/O CHIKKAPUTTANA, AGED 50 YEARS, R/AT NIDAGATTA VILLAGE, ATHAGUR HOBLI, MADDUR TALUK, MANDYA DISTRICT – 571 408 …PETITIONER (BY SRI. PRAMOD. R, ADVOCATE) AND:
THE STATE THROUGH MADDUR POLICE STATION MANDYA – 571 436 ...RESPONDENT (BY SRI. S. VISHWA MURTHY, 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 CR.NO.520/2016 OF MADDUR P.S., MANDYA DISTRICT FOR THE OFFENCES P/U/S 406, 417 OF IPC AND SEC.3, 7 OF ESSENTIAL COMMODITIES ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed under Section 438 of Cr.P.C seeking anticipatory bail in Crime No.520/2016 registered by Maddur Police Station, for offences punishable under Sections 406 and 417 of IPC and Sections 3 and 7 of Essential Commodities Act, 1955.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State and perused the material papers.
3. The learned counsel for the petitioner submits that the petitioner is a retail kerosene dealer. The allegation against the petitioner is that he has misused 147 liters of kerosene by fabricating the fake coupons against one individual Aadhar number. He further submits that the Aadhar number, which is mentioned in the complaint is not forthcoming in the kerosene coupons and his overt-act, if any, is also not forth coming in the complaint. He submits that the maximum punishment in this case in the event of conviction is seven years. He further submits that the vending license of the petitioner has been revoked and fair price shop has been assigned to some other person. In the circumstances, he prays for allowing this petition.
4. The learned High Court Government Pleader opposes the petition.
5. Admittedly, the offences are under Sections 406 and 417 of IPC and Sections 3 and 7 of Essential Commodities Act. The allegation is with regard to misuse of 147 liters of kerosene. The matter is pending investigation. Petitioners license has already been revoked.
6. In the circumstances, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) In the event of arrest or voluntary surrender of petitioner in Crime No.520/2016 before the jurisdictional Police or Magistrate on or before 13.3.2017, he shall be released on bail upon his executing a self bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the investigating officer;
(ii) Petitioner shall co-operate with the Investigating Officer during the further course of investigation and appear as and when called upon;
(iii) Petitioner shall mark his attendance before the jurisdictional Police on every 1st and 3rd Sunday of each calendar month between 10 a.m. & 1 p.m till the charge sheet is filed;
(iv) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
(v) Petitioner shall not involve himself in any criminal activities; and (vi) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.
Sd/- JUDGE PB