IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7579 OF 2019 BETWEEN:
SRI. JAYARAMA REDDY M., S/O. MUNISWAMY REDDY, AGED ABOUT 44 EYARS, R/AT NANDYALAGADDA VILLAGE, SRINIVASASANDRA POST, KYASAMBALLI HOBLI, K.G.F. TALUK, KOLAR DISTRICT-563121.
..PETITIONER (BY SRI. M.R.NANJUNDA GOWDA, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY BEML NAGAR POLICE, K.G.F., REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU-560001.
(BY SRI. ROHITH B.J., HCGP) ..RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.64/2019 OF BEML NAGAR POLICE STATION, K.G.F. FOR THE OFFENCE PUNISHABLE UNDDER SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955, SECTIONS 3, 4, 180 AND 181 OF INDIAN MOTOR VEHICLES ACT, 1988 READ WITH SECITON 34 OF IPC.
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 petitioner and the learned HCGP for the respondent - State. Perused the records.
2. The brief facts of the case are that, that on 09.10.2019 at 05.00 a.m, at 05.00 a.m., the respondent – Police received credible information that a vehicle bearing registration No.KA-08-9461 belonging to the accused No.1 is being used for transportation of some rice bags which is meant for distribution to the fair price depots. On receiving the said credible information, the respondent – Police went to the place called Banian Tree Circle and found the said vehicle was coming from KGF side. On intercepting the said vehicle, they found in the said vehicle as many as 86 bags containing 3,368 kgs., of rice. Out of that, only for 35 bags of rice, the driver of the said vehicle accused No.2 showed receipt/bill. On enquiring with accused No.2, he disclosed that the said lorry belonged to one Jayarama Reddy i.e., petitioner herein and he had instructed him to deliver the said rice bags to the Rice Mill of Vaseeulla in Dasarahosahalli Industrial Area, KGF and collect money from the Manager of the Rice Mill Sri.Abjal Bhai (accused No.3). On the basis of said information, petitioner who is the owner of the said vehicle has also been inculpated into the crime.
3. On careful perusal of the entire materials on record and also the submission of the learned HCGP, at this stage, there is no material to show that the said rice was particularly meant for distribution to the Fair Price Depots. The same has to be investigated in future. At this stage, when there is no such material against the petitioner herein and as the driver has already been released on bail, in my opinion, the petitioner is also entitled to be enlarged on bail, however making it clear that investigation or interrogation by the police on the basis of bail granted by this Court, he shall be deemed to be accused in custody for all practical purpose. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner (A1) – Sri.Jayarama Reddy .M., shall be released on bail in the event of his arrest in connection with Crime No.64/2019 of BEML Nagar Police Station, K.G.F., for the alleged offences, pending on the file of the III Additional District and Sessions Judge, Kolar (K.G.F.), subject to the following conditions:
i) The petitioner (A1) shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner (A1) shall not indulge in hampering the investigation or tampering with the prosecution witnesses.
iii) The petitioner (A1) 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 (A1) shall not leave the jurisdiction of BEML Nagar Police Station, K.G.F., without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner (A1) shall mark his attendance once in a week i.e., on every 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.
Bss.
Sd/- JUDGE