Rajshekhar S/O Sidramappa ... vs The State Of Karnataka
2023 Latest Caselaw 1141 Kant

                            1




           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 01ST DAY OF FEBRUARY, 2023

                        BEFORE

    THE HON'BLE MR. JUSTICE V. SRISHANANDA

         CRIMINAL PETITION No.200042/2023
BETWEEN:

RAJSHEKHAR S/O SIDRAMAPPA SANMUKH
AGE: 29 YEARS, OCC: BUSINESS,
R/O SHARAN NAGAR, ALAND,
DIST. KALABURAGI-585314
                                           ... PETITIONER
(BY SRI VEERSHETTY B. KONDAMPALLI &
 SRI B.K.PATIL, ADVOCATES)

AND:

THE STATE OF KARNATAKA THROUGH POLICE
ALAND POLICE STATION,
DIST. KALABURAGI-585314
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107
                                          ... RESPONDENT
(BY SMT. MAYA T.R., HCGP)

       THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., PRAYING TO DIRECT THE RESPONDENT POLICE TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CRIME NO.102/2022 OF ALAND POLICE STATION,
TALUKA ALAND, DISTRICT KALABURAGI, FOR THE OFFENCES
UNDER SECTIONS 3, 6 AND 7 OF ESSENTIAL COMMODITIES
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ACT 1955 (PENDING ON THE FILE PRL. CIVIL JUDGMENT (JR.,
DN.,) & JMFC, ALAND)


     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:


                       ORDER

Heard Sri Veershetty B. Kondampalli, learned

counsel for the petitioner and Smt. Maya T.R., learned

High Court Government Pleader.

2. The present petition is filed under Section

438 of Cr.P.C., with the following prayer:

"Therefore, it is most humbly prayed that the Hon'ble Court may kindly be pleased to allow the petition and direct the respondent Police to enlarge the petitioner on bail in the event of his arrest in Crime No.102/2022 of Aland PS, Taluka Aland, District Kalaburagi, for the offences U/Secs.3, 6 and 7 of Essential Commodities Act 1955 (pending on the file Prl. C.J. (J.D)

& JMFC, Aland), in the interest of justice and equity."

3. Brief facts which are necessary for disposal

of the present petition are as under:

Sri Shivarajkumar S/o Mallikarjun, Shirestadar,

Food Department, Aland, lodged a complaint with

Aland Police on 31.07.2022 stating that he received a

credible information that rice which was meant for

public distribution system was being transported in a

vehicle bearing registration No.KA-32-AA-0212 and

was proceeding from Aland towards Umerga. Based

on such credible information, the complainant formed

a raid team comprising of himself, panch witnesses

and other sub-staff and intercepted the said vehicle

and found that the rice meant for public distribution

system to the tune of 5,840 kilograms was being

illegally transported and seized the same. On enquiry

with the driver of the vehicle, the driver took out the

name of the present petitioner. The police registered

the case based on the said report in Crime

No.102/2022 on 31.07.2022 for the offences

punishable under Sections 3, 6 and 7 of the Essential

Commodities Act, 1955 and are investigating the

matter.

4. The present petitioner being the owner of

the said Tata Ace vehicle bearing registration No.KA-

32-AA-0212 approached the District Court for grant of

bail and the same is turned down by the Principal

Sessions Judge, Kalaburagi, by order dated

02.09.2022 in Criminal Miscellaneous No.1701/2022.

Thereafter, the petitioner is before this Court.

5. Learned counsel for the petitioner

reiterating the grounds urged in the bail petition

vehemently contended that based on the statement

given by the driver of the vehicle, the present

petitioner has been falsely implicated in the case and

he has no direct or indirect nexus with the alleged

crime and sought for grant of anticipatory bail.

6. Per contra, learned High Court Government

Pleader opposes the bail grounds by contending that

admittedly, seized rice is meant for public distribution

system and the driver of the seized vehicle did not

possess any pass or permit to transport the seized rice

from Aland towards Umerga. Hence, prima facie

material is found to establish nexus between the

petitioner and the incident, as the petitioner is the

owner of the vehicle and sought for rejection of the

bail petition.

7. This Court perused the material on record

meticulously in view of the rival contentions of the

parties.

8. Admittedly, seized rice is to the tune of

5,840 kilograms. The vehicle is also seized. Whether

the petitioner was knowing about the illegal

transportation of rice made by the driver or not, is a

matter to be enquired into and appropriate report is to

be filed by the Investigating Agency.

9. The fact remains that the petitioner is not

available for the Investigating Agency from the date of

crime till today. Therefore, directing the petitioner to

join the investigation and the Investigating Officer

conducting the custodial investigation for a limited

period and thereafter, enlarging the petitioner on bail

would meet the ends of justice.

10. The apprehension expressed by the

prosecution can be met with by imposing suitable and

stringent conditions on the accused/petitioner.

11. Accordingly, without expressing any

opinion on the merits of the matter, the following

order is passed:

ORDER

The criminal petition is allowed.

The petitioner/accused No.2 is granted

anticipatory bail in respect of Crime No.102/2022 of

Aland Police Station, Kalaburagi District, for the

aforesaid offences, subject to following conditions:

1. The petitioner is directed to join the investigation by appearing before the Investigating Officer on 09.02.2023 at 10.00 a.m. The petitioner be taken to the custody and complete the custodial investigation on the same day before 5.00 p.m., and thereafter, enlarge the petitioner on bail by taking a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the

likesum to the satisfaction of the Investigating Officer;

2. The petitioner shall co-operate with the Investigating Agency in all respects.

3. The petitioner shall not tamper with the prosecution witnesses.

4. The petitioner shall appear before the Trial Court on all the dates of hearing without fail;

5. The petitioner shall not leave the jurisdiction of Kalaburagi District without the prior permission of the jurisdictional Court;

If there is breach of any of the above conditions,

prosecution is at liberty to move for cancellation of

bail.

Sd/-

JUDGE

NB*