SOURAV BANKA Vs. STATE BY

JUDGEMENT

(1.) This petition filed by petitioner accused Nos. 1 to 3 under Section 438 Cr.P.C. seeking anticipatory bail and to direct the respondent Police to release the petitioners on bail in the event of their arrest for the alleged offences punishable under Sections 272 and 420 of IPC and also under Sections 3 and 7 of the Essential Commodities Act, registered in respondent Police Station in.

(2.) The brief facts of the case of the prosecution, as per the complaint averments made by one Sri Kibilira Harish Appaiah, who has lodged the first information before the Police is that, on coming to know that Sri Jathin Sha, accused No.2 and Sri Sourav Bhanka, accused No.1 who are running Cauvery Enterprises and Rose Mary International Trading by importing sub-standard pepper, by mixing the same with pepper in Kodagu, cheating the 3 growers. Hence, on 11.09.2017 Kodagu Growers Federation made protest and approached the Tahasildar and Assistant Director of Agricultural Produce Marketing Department and requested them to inspect R.M.C. godown. Accordingly, when PSI of Gonikoppal Police Station, Tahasildar and Assistant Director of Agricultural Produce Marketing Department opened the godown they found 300 to 400 bags of black powder and also found openly kept black powder and found machineries for preparing the powders. On the door of the godown affixed a paper wherein it is written as it is in the possession of the Committee (Samithi). When they questioned the RMC Secretary, he said that the earlier Secretary illegally given this godown to Sri Sourav Banka and Jathin Sha. On the basis of the said complaint, a case came to be registered for the said offences.

(3.) Heard the arguments of learned counsel appearing for the petitioners accused Nos. 1 to 3 so also the learned High Court Government Pleader for the respondent State.