IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02nd DAY OF JANUARY 2019 BEFORE THE HON’BLE Mrs. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.7771/2018 Between:
L. Chandrashekar, S/o late Lakkappa, Aged about 40 years, R/o Lakshminarayana Swamy Nilaya, Chethana Extension, Batwadi Tumakuru – 572 102.
(By Sri.Aruna Shyam M., Advocate) And:
The State of Karnataka, Through Pattanayakanahalli Police Station, Tumakuru.
Represented by its State Public Prosecutor, High Court Building, Bangalore – 560 001.
(By Smt. Namitha Mahesh B.G., HCGP) ...Petitioner ... Respondent 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.82/2018 of Patanayakanahalli Police Station, Tumakuru for the offence P/U/S 417 and 420 read with 34 of IPC and Section 19 of Karnataka Private Medical Establishment Act.
This petition coming on for orders, this day the Court made the following:
ORDER Petitioner is accused No.2 in Crime No.82/2018 of Patanayakanahalli police station, Tumkur District. The said case is registered against the petitioner and three others for the offences punishable under Sections 417, 420 r/w 34 of IPC and Section 19 of the Karnataka Private Medical Establishment Act, 2007 (for short ‘K.P.M.E Act’) on the basis of complaint of Dr.Chandrika, District Health Officer, Tumkur District.
2. It is alleged that when the complainant and her team conducted inspection on 14.09.2018 at 4.10 p.m., in Baragur village, accused were found running Medical clinics though they were not registered under KPME Act and accused No.1 was not qualified to practice Allopathy Medicine. It is further alleged that the petitioner failed to produce his Registration records even though he was called upon to do so.
3. The offence under Section 19 of the K.P.M.E Act carries imprisonment up to 3 years and fine of Rs.1 lakh. Section 19A of the KPME Act bars the Court to take cognizance of the offence unless the written complaint is filed by the Registration and Grievance Redressal Authority or any officer authorized by the same.
4. This Court in Crl.P.Nos.7857/2018 and 7767/2018 has granted bail and anticipatory bail to the co-accused. On the ground of parity also, the petitioner is also entitled for anticipatory bail.
5. Therefore, the petition is allowed. The petitioner-accused No.2 is granted anticipatory bail in Crime No. 82/2018 of Patanayakanahalli Police Station.
If he is arrested in the said case, he shall be released on bail on the following conditions:-
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of a copy of this order.
(ii) He shall execute personal bond in a sum of Rs.1,00,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE Srl.