IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8801 OF 2018 BETWEEN:
N. Somu, S/o. late Narayanashetty, Aged about 35 years, R/at Amara Narayana Block, Behind KSRTC Garage, Kanakapura Town, Ramanagara District – 562 117. … Petitioner (By Sri R. Pramod, Adv. for Sri K.M. Sarathkumara, Adv.) AND:
The State of Karnataka, By K.M. Doddi Police K.M. Doddi (Bharathinagara), Mandya District – 571 422. ...Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.PC praying to enlarge the petitioner on bail in the event of his arrest in Crime No.283/2018 (FIR No.927/2018) of K.M. Doddi police station, Mandya District for the offence P/U/S 3 and 7 of Karnataka Essential Commodities Act, (Public Distribution System) Public Control Order.
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 under Section 438 of Cr.PC praying to release the accused petitioner on anticipatory bail in Crime No.283/2018 of K.M. Doddi P.S., for the offence punishable under Sections 3 and 7 of Essential Commodities (Public Distribution System) Public Control Order 1992.
2. I have heard learned counsel for the petitioner and learned HCGP for the respondent-State.
3. The case of the complaint is that on 11.10.2018 at about 12.00 p.m., the complainant received a credible information that ration rice which is meant for the purpose of distribution to the public, was illegally transporting in the goods vehicle bearing registration No.KA-09-B-1179 from Halagur towards K.M. Doddi. Immediately, the complainant visited the spot and found the goods vehicle covered with tarpel and gave signal to stop the vehicle. When he searched the vehicle, he noticed 70 rice bags loaded with 45 to 50 kgs of rice without there being any valid permit. Immediately he draw the mahazar and a case has been registered in this behalf.
4. It is the submission of learned counsel for the petitioner that the alleged offence is not punishable with death or imprisonment for life and already the lorry and rice has been seized. The accused petitioner is not required for the purpose of investigation and interrogation. It is accused No.2 who was the driver of the vehicle, without there being any knowledge of the petitioner, he has carried the rice bags. The accused petitioner has nothing to do with the alleged offence. He further submits that he is ready to abide by the terms and conditions that may be imposed by this Court and also ready to offer sureties. On these grounds he prays to allow the petition.
5. Per contra learned HCGP vehemently argued and submitted that the petitioner along with accused No.2 was carrying the ration rice which is meant for distribution amongst the poor public who are too poor, but the same has been transported without there being any valid permit or licence. Accused No.2 who is driver of the said lorry has clearly stated in his voluntary statement that on the instruction of accused No.1, he has transported the rice to the destiny. There is direct involvement of the accused petitioner in the alleged crime. He further submits that the accused petitioner if granted anticipatory bail, he may abscond and may not be available for the investigation and trial. Hence, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by learned counsel appearing for the parties.
7. On close reading of the said complaint, it discloses that when the said lorry bearing registration No.KA-09-B-1179 was seized containing 70 bags of rice which is meant for distribution of poor public and without there being any valid permit or licence to transport, the accused petitioner transported the said rice bags and whether the accused petitioner is involved in the alleged offence, all these aspects have to be considered and appreciated only at the time of trial and not at this pre-mature stage. The alleged offence is not punishable with death or imprisonment for life.
8. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the accused petitioner is granted anticipatory bail, then, it is going to meet the ends of justice.
Taking into consideration the above facts and circumstances, the petition is allowed and the petitioner-accused is ordered to be released on bail in the event of his arrest in Crime No.283/2018 of K.M. Doddi Police Station, for the offence punishable under Sections 3 and 7 of Karnataka Essential Commodities Act (Public Distribution System) Public Control Order subject to following conditions;
1. The accused petitioner shall execute a personal bond for a sum of Rs.5,00,000/- (Rupees Five Laksh 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 leave the jurisdiction of the Court without prior permission.
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 tamper with the prosecution evidence directly or indirectly.
6. He shall not indulge himself in any similar type of activities.
Sd/- JUDGE PN/-