IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.577/2019 BETWEEN:
Sri.Suresh D.H, S/o. Hanumanthappa, Aged about 46 years, R/o. Kammasandra Village, Attibele Hobli, Anekal Taluk, Bengaluru Urban District-562 107. ...Petitioner (By Sri. Shankar.S.T, Advocate) AND:
State of Karnataka, By Hebbagodi Police Station, Represented its State Public Prosecutor, High Court Buildings, Bengaluru-560 001. ... Respondent (By Sri. K.P. Yoganna, 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 Crime No.504/2018 of Hebbagodi Police Station, Bengaluru for the offence p/u/s 285 of IPC and Sections 3 and 4 of Essential Commodities Act.
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 by the petitioner/accused No.1 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.504/2018 of Hebbagodi Police Station for the offence punishable under Section 285 of IPC and Sections 3 and 4 of Essential Commodities Act, 1955.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on credible information, on 29.12.2018 at about 2.30 p.m., the police officials with their superior permission, raided the shed which was situated behind Canara Bank and there they noticed 33 GO-Gas Cylinders, 19 HP Gas cylinders and 12 commercial gas cylinders. They also found one gas re-filling scale, one nasal and two pipes which are the instruments used for the purpose of refilling of the gas cylinders and they also found 17 empty cylinders of 12 kgs, 19 cylinder of 50 kgs and 50 empty cylinders of 3 kgs. On the basis of the said information, a case came to be registered.
4. It is the submission of the learned counsel for petitioner that the accused petitioner was not present at the place of incident and the seized shed does not belong to him but it belongs to one Nataraj. It is further submitted that only on the basis of the voluntary statement of accused Nos.2 and 3, the name of accused No.1 has been included in the complaint. It is further submitted that already accused Nos.2 and 3 have been released on bail, on the ground of parity, the petitioner/accused No.1 is also entitled to be released on bail and it is submitted that he is ready to abide by any conditions that may be imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that when the police officials visited the said shed, they found empty cylinders, gas filled cylinders and the instruments which are used for the purpose of refilling of gas and the same has been seized by drawing the mahazar. It is accused Nos.2 and 3 have stated that accused No.1 was the owner of the said shed and at his instance, the said work was carried out. It is further submitted that within the jurisdiction of Hebbagodi police station, many such incidents have been taken place including death, while refilling such cylinders. The accused petitioner is involved in a serious offence which is going to affect socially and publically. If the accused petitioner is ordered to be released on bail, he may abscond and may indulge in similar type of criminal activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by both the learned counsel and perused the records.
7. As could be seen from the records, whether the accused petitioner is involved in the alleged crime or not? is a matter which has to be considered and appreciated only at the time of the trial. At this pre- mature stage, it is very difficult to come to any conclusion. The submission of the learned counsel for the petitioner is that he was not at the spot and only on the basis of the statement of accused Nos.2 and 3, the name of accused No.1 has been included. It is also his submission that the site is also not belong to him it belongs to one Nataraj. Under such circumstance, when the alleged offences are not punishable with death or imprisonment for life, I feel that by imposing some stringent conditions, if the accused petitioner is ordered to be released on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioner/accused No.1 is enlarged on anticipatory bail in the event of his arrest in Crime No.504/2018 of Hebbagodi Police Station for the offence punishable under Section 285 of IPC and Sections 3 and 4 of Essential Commodities Act,1955 subject to the following conditions:
1. The petitioner/accused No.1 shall execute 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 Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner.
4. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the concerned police station till the trial is concluded.
5. He shall not indulge in similar type of criminal activities. If he violates, the police officials are at liberty to file an application for cancellation of bail application.
Accordingly, I.A. No.1/2019 stands disposed of.
Sd/- JUDGE VBS