Sri. Hajilal S/O. Haji Anwarsab Pailwan vs. The State Of Karnataka

Held

The Court allowed the petition and granted bail to the petitioner under Section 439 of the Cr.P.C. The Court reasoned that the accusation of storing rice meant for public distribution is a matter to be decided at trial. The petitioner has produced purchase receipts, and the nature of the seized rice as PDS rice is also a matter for trial. The Court noted that the alleged offences are not punishable with death or life imprisonment. The Court also stated that the petitioner's involvement in similar past offences is not a sufficient ground to reject the bail petition. The apprehension of the prosecution regarding the petitioner hampering investigation or committing similar offences can be addressed by imposing stringent conditions. The petitioner has undertaken to cooperate with the investigation. Consequently, the petitioner was ordered to be released on bail upon executing a personal bond of Rs. 1,00,000/- with one surety, cooperating with the investigation, not inducing or threatening witnesses, and not obstructing the police investigation or tampering with evidence.

Facts

The petitioner, Sri. Hajilal, filed a petition under Section 439 of the Cr.P.C. seeking bail in Crime No. 101/2022 registered at Jamkhandi Town Police Station for offences under Sections 3 and 7(2) of the Essential Commodities Act, 1955. The prosecution alleged that the petitioner was stocking rice meant for distribution under various government schemes in his shed and was about to transport it. Upon raid, 20,550 kg of rice and grains, valued at Rs. 3,08,250/-, along with a lorry valued at Rs. 2,00,000/-, were seized. The petitioner claimed to be a licensed trader with documents and receipts for purchasing rice. He has been in judicial custody since November 3, 2022, and a previous bail application was rejected by the Sessions Court. The petitioner also claimed to be suffering from high blood pressure and alleged political motivation behind the cases.

Key Issues

1. Whether the petitioner is entitled to be released on bail under Section 439 of the Cr.P.C. in connection with Jamkhandi Town Police Station Crime No. 101/2022 for offences under Sections 3 and 7(2) of the Essential Commodities Act, 1955? Petitioner's Arguments: - The petitioner is a licensed trader with valid documents, including a license and GST registration, and has purchase receipts from APMC for 600 bags of rice. - The seized rice is not proven to be PDS rice. - The departmental officials have falsely implicated him in five criminal cases, which are politically motivated. - The alleged panchas are all government servants. - The offences are not punishable with death or life imprisonment, and the petitioner is willing to cooperate with the investigation. - The petitioner suffers from high blood pressure. Respondent's (State) Arguments: - A significant quantity of PDS rice (20,550 kg worth Rs. 3,08,250/-) was seized. - The petitioner has been involved in five previous criminal cases for similar offences, with charge sheets filed in all. - Investigation is ongoing, and granting bail would allow the petitioner to hamper the investigation and tamper with witnesses.