VIRESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 438 of Code of Criminal Procedure seeking a direction to the respondent - Police to release him on bail in the event of his arrest.

(2.) Brief facts of the prosecution case as per FIS and Charge Sheet is as under;

(3.) The learned counsel for petitioner argued that the entire FIS is misconceived itself and rice was not being transported illegally but with due permission and submitted that he has produced the copy of the permit for transportation of notified agricultural produce as per Annexure-B and also sale invoice bills and the said numbers of sales invoice is mentioned in the permit for transportation of goods. Therefore, submitted that with due valid permit the rice was being transported to the remote area but now misunderstanding of the fact a false case is registered. Further submitted that for the alleged offence the maximum punishment to be imposed is 7 years as per Section 7 of the Essential Commodities Act, 1955. Further submitted that it is the allegation of the prosecution that there is contravention of Section 3 of the Essential Commodities Act, 1955 for which the maximum punishment to be imposed is one year. Therefore, considering all these factors prayed to grant the benefit of anticipatory bail to the petitioner.