ABDUL REHAMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed this petition under Section 438 Cr.P.C. seeking anticipatory bail in the event of their arrest in Crime No.71/2021 of Koppal Rural Police Station registered for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 pending on the file of the Prl. Civil Judge (Sr.Dn.) and CJM Court, Koppal.

(2.) The factual matrix leading to the case are that, on 23.07.2021 at about 2.00 p.m., when the complainant was in Koppal Town Police Station, he received a call regarding credible information that from Koppal to Hubballi, rice meant for PDS distribution is illegally being transported in a lorry. Accordingly, along with the staff he proceeded towards Gadag road and was waiting near Bannikatte on N.H.63. It is alleged that around 3.30 a.m. a lorry bearing No.KA-25/AA-3433 came from Koppal and they stopped the vehicle. On verification, it is found that 498 bags of rice weighing 50 k.g. each worth Rs.5,68,467/- was being transported and it is found that the said rice was PDS rice. The same was seized and mahazar was drawn. On enquiry, it is revealed that petitioner No.2 was of the lorry owner and he stated that as directed by petitioner No.1 he got loaded and transporting it to Hubballi. Petitioner No.1 alleged to have been collected this rice from various persons and was transporting it. In this regard a complaint came to be lodged and crime came to be registered. Hence, apprehending their arrest, petitioners approached the Principal District and Sessions Judge, Koppal and the learned Sessions Judge by order dated 07.09.2021 rejected the bail petition. Hence, the petitioners claim that they have approached this court seeking anticipatory bail.

(3.) Heard the arguments of the learned counsel for the petitioners and the learned HCGP for the respondent- State. Perused the records.