Allowed

Sri Praveen K v. State of Karnataka

Karnataka HC7 Nov 2023CRL.P/10904/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka granted anticipatory bail to six petitioners accused in a criminal case involving the sale of counterfeit branded products under the IPC and Copyright Act, subject to conditions including a personal bond and cooperation with investigation.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs.1,00,000/- each with two sureties, regular appearance before trial court, and cooperation with police investigation.

Sri Praveen K Vs State of Karnataka — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC:39754 CRL.P No. 10904 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10904 OF 2023

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BETWEEN:

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SRI. PRAVEEN K, S/O B.K. KRISHNAMURTHY, AGED ABOUT 46 YEARS, PROPRIETOR OF KANCHI TRADERS, R/AT NO. 21/B, WARD NO. 8, THIGALARA BEEDI, NEAR BANNIMAHAKALAMMA TEMPLE, RAGHAVENDRA COLONY, RAMANAGARA TOWN AND DISTRICT - 562 159.

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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SRI. NAVEEN KUMAR B.R, S/O B.K. RAMAPPA, AGED ABOUT 43 YEARS, WORKER OF KANCHI TRADERS, R/AT WARD NO. 6, CHAMUNDESHWARI BADAVANE, KALASIPALYA, NEAR CHAMUNDESHWARI TEMPLE, RAMANAGARA TOWN AND DISTRICT - 562 159.

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SRI. MAHADEVA. A, S/O AJJAPPA, AGED ABOUT 27 YEARS, WORKER OF KANCHI TRADERS, R/A IJOORU POST, KASABA HOBLI, KEMPEGOWDANAHOODI RAMANAGARA TOWN AND DISTRICT - 562 159.

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2 - NC: 2023:KHC:39754 CRL.P No. 10904 of 2023

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SMT. SUMA A, D/O APPAASWAMY, AGED ABOUT 34 YEARS, PROPRIETOR OF GOLDEN TRADERS, R/AT NO. 2319/1, 2ND CROSS, VINAYAKANAGAR, MYSURU CITY - 570 001.

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SRI. NANDEESH T.K, S/O KEMPEGOWDA, AGED ABOUT 39 YEARS, WORKER OF GOLDEN TRADERS, R/AT POULTRY FARM, LALAGATTA, CHANNAPATNA TOWN, RAMANAGARA DISTRICT - 562 159.

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SRI. MUKTHAR AHMED, S/O MINSAMIYAN SAHEB AGED ABOUT 54 YEARS, WORKER OF GOLDEN TRADERS, R/AT NO. 735, SALAMULLA STREET, DAIRA, CHANNAPATNA TOWN, RAMANGARA DISTRICT - 562 159.

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…PETITIONERS

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(BY SRI. RENUKARADHYA R.D, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY BIDADI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI. RAHUL K. RAI, HCGP)

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3 - NC: 2023:KHC:39754 CRL.P No. 10904 of 2023

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THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.293/2023 OF BIDADI P.S., RAMANAGARA FOR THE OFFENCE P/U/S.420 OF IPC AND SEC.63 OF COPYRIGHT ACT PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC, RAMANAGARA.

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

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ORDER

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Accused Nos.1 to 6, who are apprehending arrest in Crime No.293/2023 registered by Bidadi Police Station, Ramanagara District for the offence punishable under Section 420 IPC and section 63 of Copyright Act, are before this Court under Section 438 of Cr.P.C.

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Heard the learned counsel for the parties.

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On the complaint of Vijay Viknesh P, S/o.Ponumudi M, dated 29.08.2023, Station House Officer

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of Bidadi Police Station, has registered FIR in Crime No.293/2023 against the owner of Chamunda Provision Stores and four others. Petitioner No.1 is the owner of

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Kanchi Traders who is arrayed as accused No.4 in FIR. Petitioner Nos.2 and 3 are the persons who are working

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NC: 2023:KHC:39754 CRL.P No. 10904 of 2023

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with petitioner No.1. Petitioner No.4 is the proprietor of Golden Traders who is arrayed as accused No.5 in the FIR. Petitioner Nos.5 and 6 are said to be the persons who are working with petitioner No.4. Apprehending arrest in Cr.No.293/2023, the petitioners herein had approached III Addl. District and Sessions Judge, Ramanagara in Crl.Misc.No.780/2023, which was dismissed on 21.09.2023 and therefore they are before this Court.

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Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that accused No.3 has already been granted anticipatory bail by this Court in Crl.P.No.9688/2022, disposed of on 12.10.2023.

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Per contra, learned High Court Government Pleader though has opposed the bail application, however, does not dispute that accused No.3 has been granted Anticipatory bail by this Court.

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5 - NC: 2023:KHC:39754 CRL.P No. 10904 of 2023

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The allegations made in the complaint against accused persons is that they were selling suspected counterfeit HUL 3 roses tea powder, surf excel and Rin detergent powder in their shops and the same has caused loss to the company which was represented by the complainant. Undisputedly, the accused persons named in the FIR are the persons who are selling the suspected counterfeit products and they are not the manufacturers of the products. The petitioners before this Court are the persons who are selling the products and also the persons who are working in the shops selling the products. They are not the persons who are manufacturing the products which are said to be counterfeit. Considering the above aspects of the matter and also taking into consideration that accused No.3 has been granted anticipatory bail by this Court in Crl.P.No.9688/2023, I am of the view that the petitioners' prayer for grant of anticipatory bail is required to be answered in the affirmative. Accordingly, I pass the following:

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NC: 2023:KHC:39754 CRL.P No. 10904 of 2023

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ORDER

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The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.293/2023 registered by Bidadi Police Station, Ramanagara for the offence punishable under Section 420 of IPC and section 63 of Copyright Act, subject to the following conditions:

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Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (One Lakh only) each with two sureties each for the likesum to the satisfaction of the investigating officer.

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Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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Petitioners shall not tamper with the prosecution witness and they shall cooperate with the police for investigation and appear before them whenever called upon.

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SD/JUDGE

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Sri Praveen K v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Praveen K v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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