IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8817/2017 C/W CRIMINAL PETITION NO.8818/2017 BETWEEN:
TAJUDDIN S/O LATE BASHEERSAB AGED ABOUT 36 YEARS R/AT BAMBOO BAZAAR SHIVAJI MANDIRA ROAD HARIHARA CITY DAVANAGERE DISTRICT – 570 023 ... PETITIONER (COMMON IN BOTH THE PETITION) (BY SRI. SHIVAPPA T, ADV.,) AND:
THE STATE OF KARNATAKA BY HARIHARA TOWN POLICE STATION DAVANAGERE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 ...RESPONDENT (COMMON IN BOTH THE PETITION) (BY SRI.CHETAN DESAI, HCGP) CRIMINAL PETITION NO.8817/2017 FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.119/2017 OF HARIHARA TOWN POLICE STATION, DAVANAGERE FOR THE OFFENCE P/U/S 7 AND 3 OF ESSENTIAL COMMODITIES ACT.
CRIMINAL PETITION NO.8818/2017 FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.120/2017 OF HARIHARA TOWN POLICE STATION, DAVANAGERE FOR THE OFFENCE P/U/S 7 AND 3 OF ESSENTIAL COMMODITIES ACT.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Since these two petitions are in respect of the same petitioner though the crime numbers are different, they were taken together to dispose of them by this common order as the factual allegations against the petitioner are one and the same in both the case.
2. The petitioner in both the petitions filed the above petitions under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 7 and 3 of Essential Commodities Act registered in respondent police station Crime No.119/2017.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. Learned counsel for the petitioner during the course of his arguments has submitted that rice and the wheat which was grown by the petitioner in his land were stored in the house as well as in the godown. But the respondent-police making false allegation against him that they are belonging to the public distribution system and he has stored the said rice bags and the wheat bags in the residence as well as in the gowdon.
5. The allegation in the complaint in respect of both the petitions goes to show that totally 300 such bags were stored in the residence as well as in the gowdon. Looking to the materials placed at this stage and the allegations made in the complaint, matter requires the custodial interrogation of the present petitioner and these are not fit cases for the grant of anticipatory bail. Accordingly, both the petitions are rejected.
Sd/- JUDGE BS