Allowed

Korachara Pakkirappa v. State of Karnataka

Karnataka HC11 Feb 2021CRL.P/100281/2021

Case brief

AI extract

What is this about?

Criminal petition by an accused facing Essential Commodities Act charges seeking relaxation of bail condition requiring a Rs. 5.5 lakh bank guarantee. The Single Judge allowed the petition, modifying the lower order by setting aside the bank guarantee requirement and retaining a personal bond of Rs. 50,000.

What did the court decide?

Condition No. 2 imposing furnishing of bank guarantee for value of P.D.S. food grains of Rs. 5,50,000/- in the bail order dated 08.01.2021 is set aside and deleted.

Korachara Pakkirappa Vs State of Karnataka — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF FEBRUARY, 2021 BEFORE

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THE HON’BLE MR.JUSTICE K. NATARAJAN CRIMINAL PETITION NO.100281/2021

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BETWEEN:

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KORACHARA PAKKIRAPPA, S/O VENKATESH AGED ABOUT 35 YEARS, OCC. AGRICULTURIST, R/O KOTTUR TOWN, TALUKA KOTTUR, DISTRICT BALLARI 591301

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...PETITIONER

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(BY SRI. SRINIVAS B. NAIK, ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, THROUGH KOTTUR POLICE STATION, DISTRICT BALLARI 591301.

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…RESPONDENT

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(BY MS. SEEMA SHIVA NAIK, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 439 (1)(b) OF CR.P.C., SEEKING TO MODIFY THE ORDER DATED 08/01/2021 PASSED IN CRIMINAL MISCELLANEOUS NO.5428/2020 ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI SITTING AT HOSAPETE, WHEREBY MODIFYING THE CONDITION NO.2 THAT, PETITIONER-ACCUSED SHALL FURNISH BANK GUARANTEE FOR ALLEGED VALUE OF PDS GRAINS `5,50,000/BEFORE THE TRIAL COURT AS SECURITY DEPOSIT.

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THIS PETITION COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned HCGP takes notice for the respondent-State.

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This petition is filed by the petitioner/accused under Section 439(1)(b) of Cr.P.C. for relaxation of condition of bail granted by the III Additional District and Sessions Judge, Ballari, sitting at Hospete in Crl.Misc.No.5428/2020 dated 08.01.2021.

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Heard the arguments of learned counsel for the petitioner and the learned HCGP.

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The case of the petitioner is that, the PSI, Kottur Town Police Station, registered a case against the petitioner in Crime No.163/2020 for the offences punishable under Sections 3, 6(a) and 7 of Essential Commodities Act, Sections 12, 18 and 19 of Karnataka Essential Commodities Public Distribution System Public Control Order, 2016, under Section 3(2)(i), 4, 6, 8 of Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order 1981 and under Section 420 of IPC.

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Apprehending arrest, the petitioner approached the Sessions Judge for grant of anticipatory bail and after hearing the public prosecutor, the Sessions Judge allowed the bail petition and granted bail to the petitioner by imposing certain conditions which are as under:

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“1) The petitioner-accused shall not tamper with the prosecution evidence or witnesses in any manner and she shall cooperate with the investigation.

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1. The petitioner-accused shall furnish bank guarantee for alleged value of P.D.S food grains `5,50,000/- before the trial Court as security deposit.

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1. The petitioner-accused shall surrender before the trial Court within 15 days from the date of this order.

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1. The petitioner-accused shall not commit similar offences in future.

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1. The petitioner-accused shall mark his attendance before I.O. once in a week on every Monday between 10.00 am to 11.00 am till further orders.”

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The petitioner being aggrieved with the condition No.2

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imposed by the Sessions Judge for furnishing bank guarantee for

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`5,50,000/- towards the value of PDS food grains is before this Court seeking relaxation of the said condition.

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Upon hearing the arguments of the learned counsel and learned HCGP and perusing the records, no doubt the Sessions Judge granted bail by imposing conditions. But there is no reason assigned for directing furnishing of bank guarantee of 5,50,000/to the value of food grains. Such surety or the guarantee shall be imposed only when the property was released to the owner of the property, but not otherwise. The trial Court already directed to execute personal bond for 50,000/- with one surety for the likesum and that is enough to meet the ends of justice. The unnecessary condition imposed by the Sessions Judge for furnishing of bank guarantee of `5,50,000/- is required to be deleted. Accordingly, I pass the following:

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ORDER

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Petition is allowed . The order dated 08.01.2021 passed in Criminal Misc.No.5428/2020 by the III Additional District and Sessions Judge, Ballari is hereby modified and condition No.2

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imposing furnishing of bank guarantee for value of P.D.S. food grains of `5,50,000/- is hereby set aside and deleted. The

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remaining conditions are unaltered.

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Sd/JUDGE

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gab

Korachara Pakkirappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Korachara Pakkirappa v. State of Karnataka

Case brief

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What did the court decide?

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