Case Note & Summary
The petitioner, Manohara, owner-cum-driver of a Bolero pickup vehicle, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in connection with Crime No.70/2020 registered at Molakalmuru Police Station, Chitradurga District, for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. The case arose from an incident on 26.05.2020 when the first informant, Sri. Udayakumar, Shiristhedar of Food and Civil Supplies Department, received credible information that one T. Veeresh (driver of lorry KA-09/A-9515) and the petitioner were illegally transporting rice meant for public distribution under the Public Distribution System (PDS) in gunny bags and plastic bags. A trap was laid by the police near Kelagalahatty gate, and both vehicles were intercepted. The petitioner sought anticipatory bail apprehending arrest. The High Court of Karnataka, after hearing the learned counsel for the petitioner and the learned HCGP for the State, observed that the petitioner had no criminal antecedents and that custodial interrogation was not required. The court allowed the petition and granted anticipatory bail subject to conditions, including that the petitioner shall appear before the Investigating Officer within 15 days, execute a personal bond of Rs.1,00,000 with one surety, cooperate with investigation, not tamper with evidence, and not leave the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Grant of Bail - Petitioner, owner-cum-driver of Bolero pickup, sought anticipatory bail for alleged illegal transportation of PDS rice under Essential Commodities Act - Court considered nature of allegations, absence of criminal antecedents, and that custodial interrogation was not necessary - Held that petitioner is entitled to anticipatory bail subject to conditions (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 of Cr.P.C. for offences under Sections 3 and 7 of the Essential Commodities Act, 1955, in connection with alleged illegal transportation of PDS rice.
Final Decision
Petition allowed. Petitioner is ordered to be released on bail in the event of his arrest in Crime No.70/2020 of Molakalmuru P.S., subject to conditions: (i) Petitioner shall appear before the Investigating Officer within 15 days from the date of order; (ii) Petitioner shall execute a personal bond for Rs.1,00,000 with one surety for the like sum to the satisfaction of the Investigating Officer; (iii) Petitioner shall cooperate with the investigation and appear before the Investigating Officer as and when required; (iv) Petitioner shall not tamper with prosecution evidence; (v) Petitioner shall not leave the jurisdiction of the trial court without prior permission.
Law Points
- Anticipatory bail
- Section 438 Cr.P.C.
- Essential Commodities Act
- 1955
- Sections 3 and 7
- Conditions for grant of anticipatory bail
- No criminal antecedents
- Custodial interrogation not required
