Allowed

Mahesh K N @ Mahesh Nanjundaswami Kargal v. State of Karnataka

Karnataka HC24 Jan 2022CRL.P/98/2022

Case brief

AI extract

What is this about?

This Court allowed a criminal petition under Section 438 Cr.P.C. for anticipatory bail in a case involving cheating and illegal transportation of fertilizers, subject to specific conditions including bond execution and surrender timelines.

What did the court decide?

Petitioner released on bail in event of arrest subject to bond of Rs. 2,00,000, surrender within ten days, and specific conduct conditions.

Mahesh K N @ Mahesh Nanjundaswami Kargal Vs State of… — Cheating and Forgery | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JANUARY, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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CRIMINAL PETITION NO.98/2022

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BETWEEN:

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MAHESH K.N. @ MAHESH NANJUNDASWAMI KARGAL, AGED ABOUT 52 YEARS, S/O LATE K.C. NANJUNDASWAMY, OCCUPATION: PROPRIETOR, R/AT NO.238/3, NAYAKARA STREET, HINAKAL, NEAR MARIGUDI TEMPLE, MYSURU – 570009. ...PETITIONER

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(BY SRI BHAT VENKATRAMAN SEETARAM, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY DAVANAGERE RURAL POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE, BENGALURU – 560001.

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SUNIL KUMAR M T, S/O THIPPESWAMY M.G, ASST. DIRECTOR OF AGRICULTURE (VIGILANCE- 2), J.D.OFFICE DAVANAGERE, DAVANAGERE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE, BENGALURU – 560001. ...RESPONDENTS

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(BY K.K. KRISHNA KUMAR, HCGP FOR R-1)

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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 CR.NO.310/2021 OF DAVANAGERE

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RURAL P.S., DAVANAGERE FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF IPC AND SECTIONS 3, 7, 8 AND 9 OF ESSENTIAL COMMODITIES ACT 1955 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM COURT, DAVANAGERE.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCE THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This petition is filed under Section 438 of Cr.P.C. praying this Court to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.310/2021 registered by the Davanagere Rural Police Station, Davanagere, for the offence punishable under Section 420 of IPC and Sections 3, 7, 8 and 9 of the Essential Commodities Act.

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Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

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The factual matrix of the case is that the Assistant Agricultural Director - Enforcement II had lodged a complaint on 01.12.2021 stating that in the lorry, the petitioner was transporting 260 bags of fertilizers and on verifying the same, found 260 bags of fertilizers was being transported and cheating the farmers. Based on the complaint, the case has been

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registered for the offence punishable under Section 420 of IPC and Sections 3, 7, 8 and 9 of the Essential Commodities Act.

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The learned counsel for the petitioner would submit that the petitioner is an innocent and has not committed any offence. The only allegation against the petitioner is that the fertilizers was transported without any permission or licence and licence was taken for transporting manure of 200 bags and hence case has been registered and the learned counsel would submit that it does not attract Section 420 of IPC.

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Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that, on credible information only they have seized the vehicle wherein they found fertilizer was transported to the extent of 260 bags and hence the vehicle was seized along with 260 bags of fertilizers and there is a prima facie case against the petitioner.

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Having heard the learned counsel for the petitioner

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and the learned High Court Government Pleader appearing for the respondent-State and having taken note of the allegations made in the complaint, there is violation regarding transporting

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of the fertilizers and the permission was taken for transporting of the manure. Considering the gravity of the offence and the nature of the allegations made in the complaint, it is a fit case to exercise the powers under Section 438 of Cr.P.C. The petitioner shall assist the Investigating Officer for further investigation.

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In view of the discussions made above, I pass the

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following:

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ORDER

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The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.310/2021 registered by the Davanagere Rural Police Station, Davanagere, for the offence punishable under Section 420 of IPC and Sections 3, 7, 8 and 9 of the Essential Commodities Act, subject to the following conditions:

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(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.

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(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.

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(iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for.

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(iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge-sheet is filed or for a period of three months, whichever is earlier.

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(v) The petitioner shall mark his attendance once in a month i.e., on 30^th of every month between 10.00 a.m. and 5.00 p.m., before the Investigating Officer for a period of three months or till the charge-sheet is filed, whichever is earlier.

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Sd/JUDGE

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Mahesh K N @ Mahesh Nanjundaswami Kargal v. State of Karnataka

Case brief

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Mahesh K N @ Mahesh Nanjundaswami Kargal v. State of Karnataka

Case brief

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