Allowed

Sri Rajashekhar Sagar S/O Namadevappa Sagar v. the State of Karnataka

Karnataka HC13 Sept 2023CRL.P/102078/2023

Case brief

AI extract

What is this about?

Coram High Court of Karnataka, Dharwad Bench allowed a Criminal Petition for anticipatory bail. The petitioner was accused of transporting rice meant for public distribution under the Essential Commodities Act, 1955. The court imposed stringent conditions including personal bond, cooperation with investigation, and regular attendance.

What did the court decide?

Petitioner allowed anticipatory bail on execution of personal bond of Rs. 50,000/- with two sureties and compliance with stringent conditions including cooperation with investigation and regular atten

Sri Rajashekhar Sagar S/O Namadevappa Sagar Vs the State… — Anticipatory Bail | Karnataka HC (2023)

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NC: 2023:KHC-D:10495 CRL.P No. 102078 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 102078 OF 2023

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BETWEEN:

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SRI. RAJASHEKHAR SAGAR, S/O. NAMADEVAPPA SAGAR, AGED ABOUT 29 YEARS, OCC: AGRICULTURE. RESIDENT OF SANGAPUR VILLAGE, GANGAVATHI TALUK, KOPPAL DISTRICT-583227.

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…PETITIONER

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(BY SRI. SUNILKUMAR BANGARI, ADVOCATE)

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AND:

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CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.14 12:44:57 +0530

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THE STATE OF KARNATAKA, BY KARATAGI POLICE STATION, KARATAGI-583229, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580001.

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…RESPONDENT

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(BY SMT. GIRIJA S.HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN CRIME NO.184 OF 2022 REGISTERED BY THE KARATAGI POLICE STATION KARATAGI WITH RELATING TO THE OFFENCES PUNISHABLE U/S 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955.

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

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NC: 2023:KHC-D:10495 CRL.P No. 102078 of 2023

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ORDER

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Petitioner who is the sole accused has filed this petition u/sec.438 of the Code of Criminal Procedure (for short, ‘Cr.P.C.’) to grant him anticipatory bail in Crime No.184/2022 of Karatagi Police Station for the offences punishable u/secs.3 and 7 of the Essential Commodities Act, 1955.

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In support of his petition, petitioner has contended that he is not involved in the alleged crime and has been falsely implicated. The bail application filed by him seeking anticipatory bail is rejected by the Sessions Court based on overruled decision. Petitioner is not involved in similar offences on earlier occasion. He is ready and willing to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the trial Court. The alleged offences are not punishable with death or life imprisonment for life and prays to allow the petition.

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3 - NC: 2023:KHC-D:10495 CRL.P No. 102078 of 2023

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Learned HCGP submitted oral objections stating

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that on 14.09.2022, complainant (Food Inspector, Karatagi) received credible information regarding transportation of rice meant for public distribution. Therefore along with panchas, he reached Baragur Cross and kept a vigil. At 6.15 p.m., they saw a Mahindra Alfa Auto bearing registration No.KA-27/A-4969 came from Baragur side towards Gangavathi. When it was stopped, the driver of the auto-rickshaw ran away. They found 10 plastic bags each containing 50 kg rice meant for public distribution totally worth Rs.11,000/-. Therefore, the said

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rice as well as auto-rickshaw in which it was being transported were seized through mahazar and he is filing the complaint.

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3.1 Based on the complaint, case is registered against petitioner in Crime No.184/2022 for the offences punishable u/secs.3 and 7 of Essential Commodities Act, 1955 and investigation is taken up. From the date of incident, petitioner has absconded. His presence is

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NC: 2023:KHC-D:10495 CRL.P No. 102078 of 2023

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required for the purpose of investigation and prays to reject the petition.

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Heard arguments and perused the record.

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From the material placed on record, it is evident

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that on 14.09.2022, on receipt of credible information, the auto-rickshaw driven by the petitioner was intercepted by the Food Inspector and immediately petitioner ran away from the spot leaving the auto-rickshaw. In all, 10 bags of rice meant for public distribution was found in the said auto-rickshaw. The same are seized through mahazar. The panchas to the mahazar are the only witnesses. Since already the recovery is made, the custodial interrogation of the petitioner for the purpose of recovery is not required. The offences alleged though non-bailable are not punishable with death or life imprisonment for life. At this stage, there are no allegations that the petitioner is involved in similar offences.

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NC: 2023:KHC-D:10495 CRL.P No. 102078 of 2023

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6. Taking into consideration these aspects, this

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Court is of the considered opinion that the petitioner is entitled for anticipatory bail. However the interest of the prosecution is required to be safeguarded by imposing stringent conditions. Accordingly, the following:

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ORDER

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Petition is allowed.

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In the event of his arrest in Crime No.184/2022 of Karatagi Police Station, registered for the offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955, petitioner/accused shall be released on bail, subject to following:

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CONDITIONS

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a) The petitioner/accused shall execute personal bond in a sum of Rs.50,000/- with two sureties each for the like-sum.

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b) Petitioner/accused shall appear before the Investigating Officer within a period of 15 days and execute the bail bond and offer surety.

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NC: 2023:KHC-D:10495 CRL.P No. 102078 of 2023

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c) Petitioner/accused shall make himself available for the purpose of investigation as and when required and he shall co-operate with the investigation.

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d) Petitioner/accused shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.

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e) Petitioner/accused shall mark his attendance at the Jurisdictional Police Station once in 15 days till filing of the charge sheet.

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f) Petitioner/accused shall not tamper with the prosecution witnesses directly or indirectly.

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g) Petitioner/accused shall not indulge in any criminal activities.

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h) Petitioner/accused shall be regular in attending the Court proceedings.

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SD/JUDGE

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CLK/List No.: 1 Sl No.: 6

Sri Rajashekhar Sagar S/O Namadevappa Sagar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Rajashekhar Sagar S/O Namadevappa Sagar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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