IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2217/2019 BETWEEN:
Mohammed Nadeem, S/o Mohammed Syfulla, Aged about 23 years, R/at No.6, 4th Cross, A.J.Block, N.R.Mohalla, Mysuru, Mysuru District – 577 001. (By Sri.B.Lethif, Advocate) AND:
The State of Karnataka, By Narasimharaja Police Station, Mysuru District, Represented by SPP , High Court Building, High Court of Karnataka, Bangalore – 560 001.
(By Sri. M.Divakar Maddur, HCGP) ...Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.43/2019 of Narasimharaja Police Station, Mysuru For the offence P/U/S 3 and 7 of 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 No.2 under Section 439 of Cr.P.C., seeking his release on bail in Crime No.43/2019 of Narasimharaja Police Station for the offences punishable under Sections 3 and 7 of The Essential Commodities Act, 1955.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that when the CCB police were on duty on 06.03.2019, during their patrolling duty, they stopped Eichter vehicle bearing Registration No.KA-09-1140 and they noticed that kerosene barrels were being carried without there being any permit or licence. On enquiry, they came to know that they were illegally transporting the said kerosene barrels belonging to the ration-card holders without their being any permit or licence to sell the same for higher price. The same was seized and a case was registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner/accused No.2 is innocent. Already accused No.1 has been released on bail. On the ground of parity, the petitioner/accused No.2 is also entitled to be released on bail. Already 14 barrels of kerosene has been seized and the petitioner/accused No.2 is not required for the purpose of further investigation or interrogation. The alleged offences are not punishable with death or imprisonment for life. Further it is submitted that his sister marriage has been fixed and he is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.2 along with accused No.1 was found with 2800 liters of kerosene in 14 barrels, which has been seized from the said vehicle. The said kerosene is made for the purpose of distribution amongst ration-card holders. The said transportation was illegal and they have committed offences which are covered under The Essential Commodities Act, 1955. There is sufficient material to show that the petitioner/accused No.2 is involved in an illegal trading of Essential Commodities and a stringent action is to be required against him. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint and other materials, it indicate that when the said vehicle has been verified, they found 2800 liters of kerosene in 14 barrels. The said kerosene is meant for the purpose of distribution amongst the ration-card holders. The petitioner/accused No.2 was illegally trading with the essential commodities, that is the matter which has to be considered and appreciated only at the time of trial. The alleged offences are not punishable with death or imprisonment for life. Already accused No.1 has been released on bail, on the ground of parity, the petitioner/accused No.2 is also entitled to be released on bail.
8. Taking into consideration of the above said facts and circumstance, petition is allowed.
Petitioner/accused No.2 is enlarged on bail in Crime No.43/2019 of Narasimharaja Police Station for the offences punishable under Sections 3 and 7 of The Essential Commodities Act, 1955 subject to the following conditions:
1. Petitioner/accused No.2 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 trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall regularly appear before the Court for trial.
VBS Sd/- JUDGE