IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7574/2019 BETWEEN:
1. Sathya @ Sathyamurthy S/o Madan, Aged about 25 years, 2. Balu S/o Kutti Gounder, Aged about 50 years, Both are R/at Koramangalam Village, Palakadu Taluk, Dharmapuri Distict-563114. …Petitioners (By Sri. S.Jagan Babu. Advocate) AND:
State of Karnataka, By Sub-inspector of Police, Kamasamudram Police Station, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560001. ... Respondent (By Sri Rohith B.J., HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of his arrest in Cr.No.45/2019 of Kamasamudram Police Station, K.G.F., for the offence punishable under Sections 3 and 7 of the Essentials Commodities Act, 1955.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos.2 and 3 in Cr.No.45/2019 of Kamasamudram Police Station, K.G.F., for the offence punishable under Sections 3 and 7 of the Essentials Commodities Act.
3. The petitioner Nos.1 and 2 are the cleaner and the owner respectively of the Eicher Lorry bearing Reg.No.TN-50-b-7796 which was intercepted by the respondent police on 14.08.2019 at about 4.30 p.m.
near Kanumanahalli Check Post and they found rice bags in the said lorry. Driver of the said lorry was caught and he disclosed that the said lorry belonged to the 2nd petitioner (A3) herein and he only sent the rice to be delivered to S.L.S.Mill, Bangarpet for sale. On further enquiry, it is found that the rice bags were given by Government of Tamil Nadu under public distribution system and he does not possess any documents for the same.
4. Looking to the above the said facts and circumstances of the case, so far as 1st petitioner is concerned, there is no role to play in transporting the said rice. Considering the nature of his work, in my opinion, he is entitled to be enlarged on bail. However, the owner of the said lorry (petitioner No.2-A3) has not made out any ground to enlarge him on anticipatory bail. Therefore, the petitioner No.2 is not entitled for grant of anticipatory bail. If petitioner No.2 makes any bail application for grant of regular bail before the concerned Court, the same shall be disposed of as expeditiously as possible without making unnecessary delay. Hence, the following:
O R D E R The Petition is allowed in part. Consequently, the petitioner No.1 (A2) shall be released on bail in the event of his arrest in connection with Cr.No.45/2019 of Kamasamudram Police Station, K.G.F., for the alleged offences subject to the following conditions:
i) The petitioner No.1 shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner No.1 shall not indulge in hampering the investigation and tampering the prosecution witnesses.
iii) The petitioner No.1 shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner No.1 shall not leave the jurisdiction without prior permission of the I.O., till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner No.1 shall mark his attendance once in fifteen days i.e., on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Lastly, the petition so far as petitioner No.2 (accused No.3) stands dismissed, for the present with the aforesaid observations.
SD/- JUDGE JS/-