IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No. 7791 OF 2018 BETWEEN:
Sri. Albert @ Ijnasappa J.
S/o. Jonesh @ John Baptist, R/at Begur Village & Hobli, Bengaluru South Taluk, Bengaluru -560 068. …Petitioner (By Sri. A.V. Ramakrishna, Advocate) AND The State of Karnataka by Jigani Police Station, Anekal Taluk. …Respondent (By Sri. K.P. Yoganna, HCGP) This criminal petition filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.151/2018 registered by Jigani Police Station, Bengaluru district for the offence p/u/s.
285 and 420 of IPC r/w Section 3 and 4 of Essential Commodities Act.
This criminal petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/Accused-6 under Section 438 of Code of Criminal Procedure seeking anticipatory bail in Crime No. 151/2018 registered by Jigani Police Station, Bengaluru district for the offence punishable under Sections 285 and 420 of IPC read with Sections 3 and 4 of Essential Commodities Act.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent/State.
3. The gist of the complaint is that in the house belonging to accused-4, accused Nos.1 to 3 without taking any precautions, doing gas refilling from domestic cylinders to commercial cylinder. Respondent-Police have received credible information on 09.09.2018 at about 8.00 a.m. that in the house belonging to accused -4 at Jigani, the accused persons without any license or taking any precautions are refilling of the domestic gas cylinders to commercial gas cylinders by using regulators with the help of filling plant. Immediately he went there and inspected the spot. There he noticed 4 persons in the said house and they are using pipe and other equipment to take out the gas and refill the same to commercial cylinder and the same has been seized and a case has been registered.
4. It is the submission of the learned counsel for the petitioner that only on the basis of voluntary statement of accused Nos. 1 to 3, this petitioner has been arrayed as accused. He further submitted that no witness speaks about the petitioner-accused about his presence, even at the time of ride this petitioner was not present in the premises. He further submitted that neither he is the owner of the house nor the tenant. The offences made out against the petitioner and alleged are triable by Magistrate and they are not punishable with death or imprisonment for life. Investigation is complete and charge sheet is yet to be filed and petitioner is ready to abide by any conditions that may be imposed by the Court. On these grounds learned counsel for the petitioner prays to release the accused on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner along with other persons has involved in refilling of the domestic gas cylinders to commercial gas cylinders and on the spot they have seized the gas cylinders of HP agency. He further submitted that Investigating Officer has also seized the vehicle which was being used for transportation and mobile phones of the accused persons. He further submitted that without any license and without any precautions the accused persons were transferring the gas cylinders. The said allegations are very serious in nature and are against to the interest of public/society as well. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State and perused the records.
7. As could be seen from the contents of the complaint, the name of the petitioner/accused is not found. The allegation is that the accused person in the house of accused -4 by using the plant transferring the domestic cylinder gas to the commercial cylinder with an intention to make profit. The accused -6 has been incorporated in the charge sheet only on the basis of voluntary statement of accused no.3. Also, the offence is not punishable with death or imprisonment for life and the petitioner is ready to abide by any conditions.
8. Under the said facts and circumstances of the case, I feel that if the petitioner is ordered to be released on bail by putting stringent conditions it would meet the ends of justice.
Accordingly, petition is allowed. Petitioner/ accused -6 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.151/2018 of Jigani Police Station Bengaluru district for the offence punishable under Sections 285 and 420 of IPC r/w Sections 3 and 4 of Essential Commodities Act with the following conditions.
1. In the event of his arrest, the Investigating Officer is directed to enlarge him on bail on 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 co-operate with the Investigating Officer during the course of investigation and trial.
4. He shall not tamper with the prosecution evidence either directly or indirectly.
5. He shall not leave jurisdiction of the Court without prior permission.
6. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the trial is concluded.
Sd/- JUDGE BVK