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2019 DIGILAW 359 (KAR)

Vasim Pasha v. State Of Karnataka

2019-02-05

B.A.PATIL

body2019
JUDGMENT : B.A. Patil, J. - This petition is filed by accused No.2 under section 438 of Cr.P.C., 1973 praying to grant him anticipatory bail in Crime No.300/2018 of Malavalli Rural Police Station for the offences punishable under sections 3 and 7 of Essential Commodities Act. 2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. 3. The gist of the complaint is that on 2.10.2018 at about 7.00 a.m. complainant received a credible information that the ration rice is going to be distributed to the public was being illegally transported in the goods vehicle bearing No.KA-13-0080 from Malavalli towards Kirugavalu. He informed the said matter to the superior officers and went to Malavalli Rural Police Station. Thereafter he visited the spot and at Temple Cross noticed a goods vehicle covered with tarpel and gave the signal to stop the vehicle and when he searched the vehicle, he noticed 330 rice bags loaded with 32 to 49 kgs. of rice in each bag without any valid and effective license to transport the said goods. On the basis of the complaint, a case has been registered. 4. It is the submission of the petitioner's counsel that the petitioner was not present at the time of the alleged incident and only on the basis of the voluntary statement of accused No.1, he has been implicated in the crime. The alleged offences are not punishable with death or imprisonment for life. Petitioner is ready to abide by any conditions and ready to offer sureties. On these grounds, he prayed to allow the petition and to grant anticipatory bail to the petitioner. 5. Per contra, the learned HCGP vehemently argued and submitted that the said goods vehicle belongs to the petitioner and he got the goods loaded in the lorry and thereafter he handed over the same to accused No.1 and when accused No.1 was apprehended, he has clearly stated in his statement that as per the instruction of accused No.2-petitioner he was carrying the said goods and he was not having any knowledge about the transportation of the rice. He further submitted that it is accused No.2 who is the main accused involved in the alleged offence. Investigation is still in progress and the petitioner is absconding and not available for the interrogation. On these grounds, she prayed to dismiss the petition. 6. He further submitted that it is accused No.2 who is the main accused involved in the alleged offence. Investigation is still in progress and the petitioner is absconding and not available for the interrogation. On these grounds, she prayed to dismiss the petition. 6. I have gone through the submissions made by the learned counsel for the parties and perused the records. 7. There is an allegation that illegal transportation of the ration rice which is meant for public was being made. Whether the accused persons have committed the offence or not is a matter which has to be considered and appreciated at the time of trial. The alleged offences are not punishable with death or imprisonment for life. The punishment is only imprisonment for one year and fine and the goods are liable to be confiscated. Under such circumstances, I feel that if the petitioner is ordered to released by imposing some stringent conditions, it would meet the ends of justice. Accordingly, the petition is allowed and accused No.2-petitioner herein is granted anticipatory bail. In the event of his arrest in Crime No.300/2018 of Malavalli Rural Police Station, the petitioner herein is ordered to be released, subject to the following conditions:- i) Petitioner shall execute a personal bond for Rs. 2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating officer. ii) He shall surrender before the Investigating Agency within fifteen days from today. iii) He shall co-operate with the Investigating officer as and when required. iv) He shall not tamper with the prosecution evidence directly or indirectly. v) He shall mark his attendance before the Investigating officer once in fifteen days between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed. vi) He shall not leave the jurisdiction of the trial Court without prior permission.