MADAN RAM Vs. STATE

JUDGEMENT

(1.) The petitioners have filed this petition under Section 438 of Code of Criminal Procedure seeking grant of anticipatory bail in Crime No.75/2020 of Kembhavi Police Station for the offences punishable under Sections 143 , 147 , 188 , 269 , 270 , 353 , 323 and 504 read with Section 149 of Indian Penal Code.

(2.) The brief contention of the petitioners is that complaint was lodged by one Arun Chavan, alleging that petitioners No.1 and 2 are the owners of cloth shop situated at Kembhavi village Tq: Shorapur. He was on duty as Covid-19 Nodal Officer-1, Kembhavi received the information that in the cloth shop situated in the main bazaar, petitioners No.1 and 2 are selling clothes inside their shops. Accordingly, the complainant, chief officer, flying squad and health inspector along with staff went to the said spot and noticed that petitioners No.1 and 2 were selling the clothes to the customers during Covid- 19 by violating prohibiting order passed under Section 144 of Code of Criminal Procedure. When complainant and the flying squad making efforts to explain the shop owners that they are in a way responsible for spreading Corona Virus by doing business, at that time on account of instigation by the shop owners, petitioners No.1 to 10 obstructed the public servants from discharging their official duties and abused them in filthy language. On the basis of complaint, the police have registered the case in Crime No.75/2020 of Kembhavi Police Station for the offences as stated above.

(3.) The petitioners have contended that the learned Sessions Judge has rejected the anticipatory bail petition. So, petitioners have filed this petition on the ground that petitioners are innocent persons, they have not committed such offences as alleged in the complaint. The alleged offences are not punishable with death or imprisonment for life. The petitioners apprehending their arrest at the hands of police. The police are continuously visiting their house and pressurizing the inmates to secure their presence. They are permanent resident of Kembhavi Tq: Shorapur Dist: Yadgiri. They are only earning member of the family. The petitioners are ready and willing to abide by any condition. So, with these main grounds, the petitioners prayed to allow the petition.