NITISH GADA S/O SRINIVAS GADA Vs. THE STATE OF KARNATAKA THROUGH SUB INSPECTOR OF POLICE TOWN POLICE STATION, BIDAR REPRESENTED BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) PETITIONER who has been arraigned as accused in Crime No. 46/2012 registered by town police station, Bidar for offence punishable under sections 1');">63 and 1');">65 of Copyright Act, 1957 read with section 420 of I.P.C. is seeking for being enlarged on bail in the event of his arrest in the said criminal case registered against him. Heard Sri. K.M. Ghate, Learned Counsel appearing for petitioner and Smt. Anuradha Desai, learned Addl. SPP appearing for the State. Perused the records.

(2.) A complaint came to be lodged on 06.06.2012 by the Senior Manager, Accounts of "Havells India Limited" by its authorised representative complaining that petitioner who is the owner of M/s. Shri. Sangameshwar Electricals has indulged in marketing, distributing, stocking, selling brand of the complainant by copying the art work and description of "Havells" and infringing the complainant -company's Intellectual Property Rights It was also alleged in the complaint that general public have been duped and the accused has also caused loss of revenue to the Government by indulging in such acts. It is further alleged that petitioner is marketing the goods manufactured by him by duplicating the complainant's mark "HAVELLS". On such complaint being lodged same came to be registered by jurisdictional police as stated herein supra.

(3.) PER contra, learned Addl. SPP would support the case of the prosecution and submits that more than 24 boxes of duplicate products were seized from the custody of petitioner. Since it is at the investigation stage custodial interrogation is required and as such petitioner is avoiding and evading arrest and it involves financial implications not only to the complainant but also loss of revenue to the Government and as such she prays for dismissal of the petition. Having heard learned advocates appearing for the parties and on perusal of the complaint as also material made available, it is noticed that complaint in question is lodged for infringement of a copyright. On the basis of the said complaint dated 06.06.2012 the jurisdictional police have registered a criminal case under sections 1');">63 and 1');">65 of the Copyright Act, 1957 read with section 420 of IPC. Said offence is neither punishable with death or life imprisonment and petitioner being permanent resident of Bidar town having deep roots in the society this Court is of the considered view that in the event of petitioner being enlarged on bail, the chances of petitioner absconding from the jurisdiction of the court would be too remote and taking into consideration the allegations made in the complaint this Court is of the view if strict conditions are imposed on the petitioner it would secure the presence of petitioner and as such the following order is passed: ORDER