Anticipatory bail sought by two accused alleged to have fled while transporting 80 bags of public distribution rice. The court found the nature of allegations disqualifying them from anticipatory bail and dismissed the petition.
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NC: 2024:KHC:22382 CRL.P No. 5485 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5485 OF 2024
BETWEEN:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
…PETITIONERS (BY SRI. R.V. SHIVANANDA REDDY, ADVOCATE)
AND:
THE STATE BY S.J. PARK POLICE, BENGALURU, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.
…RESPONDENT (BY SMT. K.P. YASHODHA, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN CR.NO.40/2024 OF S.J.PARK POLICE STATION, BENGALURU PENDING ON THE FILE OF VI ADDL. C.M.M., BENGALURU FOR THE OFFENCE P/U/S 7 OF ESSENTIAL
COMMODITIES ACT AND SEC.420 OF IPC AGAINST THE PETITIONERS.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners-accused Nos.1 and 2 are before this Court seeking grant of anticipatory bail in Crime No.40/2024 of S.J.Park Police Station, pending on the file of the learned 6th Additional Chief Metropolitan Magistrate Court, Bangalore, registered for the offences punishable under Section 7 of Essential Commodities Act, 1955 and under Section 420 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Deekshith K.
“Whether the petitioners are entitled for grant of bail under Section 438 of Cr.P.C.?”
My answer to the above point is in ‘Negative’ for the following:
R E A S O N S
SD/JUDGE
SPV
List No.: 1 Sl No.: 36
1 issue framed by the court
Whether the petitioners accused of transporting PDS rice bags were entitled to anticipatory bail under Section 438 Cr.P.C.
3 provisions across 3 enactments
Sri Yaseen Pasha (A-1)
Sri Shahid Afridi (A-2)
The State by S.J. Park Police, Bengaluru
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
