IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1797/2019 BETWEEN MR. PRAKASH PRABHU, SON OF MANJUNATHS PRABHU, AGED 53 YEARS, RESIDING AT RUDRAPADA ROAD, MAVINAKERE VILLAGE, KALASA HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT-577126.
... PETITIONER (BY SMT. GAYATHRI BHAT H, ADV. FOR SRI P P HEGDE, ADV.) AND THE STATE OF KARNATAKA THROUGH THE SUB INSPECTOR OF POLICE, KALASA POLICE STATION, KALASA, CHIKKAMAGALURU DISTRICT (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01.) ... RESPONDENT (BY SRI M.DIVAKAR MADDUR, 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.05/2019 REGISTERED BY KALASA POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/S 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is taken out of turn on the submission of the learned counsel appearing for the parties on the ground that the petitioner/accused is suffering with a cancer and wants to take the treatment as such, it is taken out of turn.
2. The present petition has been filed by the petitioner/accused under Section 438 of Criminal Procedure Code to release him on anticipatory bail in the event of his arrest in Crime No.5/2019 of Kalasa Police Station for the offence punishable under Section 420 of Indian Penal Code (for short ‘IPC’).
3. I have heard the learned counsel for petitioner/accused and the learned High Court Government Pleader for respondent-State.
4. Gist of the complaint is that Mysore Plantations Limited is a registered Company. It is selling packed tea powder under the brand name (QTF). Prior to 06.02.2019, some customers of the Company telephoned the company and informed that they have purchased the tea powder packets and the said tea powder is of inferior quality. It is further stated that they have purchased said tea powder from the shop situated at Horanadu Adimane Products. The representatives of the Company went to the Horanadu Adimane Products and purchased the tea pockets containing 5 Kgs. and 1 Kg. and they verified the Trade Mark and numbers of the bag and were found that they were not of the Company and some fake seals were fixed on the said tea powder pockets. Immediately, a complaint was registered. On the basis of the said complaint, a case has been registered.
5. It is the submission of the learned counsel for the petitioner that the accused/petitioner never used to be there in the shop and he is selling the products which are purchased by the company. Only because of the business rivalry a false complaint has been registered against the accused/petitioner. Counsel for the accused/petitioner further submitted that the alleged offence are not punishable with death or imprisonment for life. She further submitted that the accused/petitioner is ready to abide by any conditions that may be imposed by this Court and ready to offer sureties. On these grounds, she prays to allow the petition and to release the accused/petitioner on bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that accused/petitioner by fabricating the Trade Mark and by selling the said product sold the inferior quality of tea powder and the said fact has also been proved. When the said facts have been proved, there is a prima- facie material to show that with an intention to cheat the general public, accused/petitioner has committed the said offence. He further submitted that the accused/petitioner is not available for the purposes of investigation or for interrogation and hence, he prays for dismissal of the above petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
8. It is alleged in the complaint that the accused/petitioner by using the fabricated Trade Mark used to sell the low quality tea powder to the customers. 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. Under the said facts and circumstances, I feel that by imposing some stringent condition the accused/petitioner may be ordered to be released on bail, to meet the ends of justice. In that light, the petition is allowed and accused/petitioner is ordered to be released on anticipatory bail in Crime No.5/2019 of Kalasa Police Station for the offence punishable under Section 420 of IPC subject to the following condition.
ORDER 1. In the event of his arrest, the Investigating Officer is directed to enlarge him on bail on being executing 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 either directly or indirectly.
4. He shall mark his attendance before the Investigating Officer on every 15 days, till the charge sheet is filed.
5. He shall not leave the jurisdiction of the Court without prior permission.
Chs* CT:HR Sd/- JUDGE