IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8152 OF 2018 BETWEEN:
T.ABDUL HAKEEM S/O T.S.SULAIMAN AGED ABOUT 59 YEARS R/AT NO.D.NO.2-117/A MADAKA HOUSE THUMBE POST & VILLAGE BANTWALA TALUK D.K.DISTRICT – 574 243 ...PETITIONER (BY SRI B.LETHIF, ADV.) AND THE STATE OF KARNATAKA BY BANTWALA RURAL POLICE STATION D.K.DISTRICT REP. BY S.P.P.
HIGH COURT BUILDING BANGALORE – 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.133/2018 OF BUNTWALA RURAL POLICE STATION, D.K., FOR THE OFFENCE P/U/S 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.2 in Crime No.133/2018 of Buntwala Rural Police Station. The said case is registered against the petitioner and first accused for the offences punishable under Sections 3, 7 of Essential Commodities Act, 1955 on the basis of the complaint of Srinivasa, Food Inspector, Bantwal Taluk Office.
2. It is alleged that on 25.09.2018 at 23.30 hours complainant and his team intercepted vehicle No. KA-46-2789 near Thumbe Ramalkatte and on search it was found transporting 40 bags of rice of 50 Kgs each for the purpose of selling in the black market.
3. According to the prosecution, first accused was the driver of the said vehicle and his interrogation revealed that he was transporting those provisions from the fair price shop of the petitioner. Thus the petitioner is arrayed as accused in the case on the basis of the alleged confession statement of the co-accused. The first accused has been granted bail by the learned Magistrate. Incriminating materials are already seized.
4. Offence carries punishment of imprisonment up-to seven years. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioner is granted anticipatory bail in Crime No.133/2018 of Buntwala Rural Police Station. If he is arrested in the said case, he shall be released on bail subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR