KABC010227482023
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 5th day of September 2023
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
CRIMINAL MISCELLANEOUS NO.8274/2023
PETITIONER
Arvind.R
S/o Rajendran,
Aged about 37 years,
Residing at No.106, 4th Cross,
Near Seva Ashram High School,
Gowtham Nagar, Bengaluru
North, Bengaluru Ц 560 021.

:
(By Sri.Mohan Kumar H.G.,
Advocate)
– Vs RESPONDENT
:
State by Yeshwanthapura Police
Station, Bengaluru.
(By Public Prosecutor)
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Crl.Misc.No.8274/2023
ORDER
The petitioner has filed this petition u/s 438 of
Cr.P.C. for release on bail in the event of his arrest in
connection
with
a
case
registered
in
Crime
No.265/2023 for the offences punishable u/s 7, 3(1)(a),
3(B)(C), 4(1)(A), 6 of Gas Supply Act (LPG Act Regulation
and Supply Distribution Order 2000), 1939 and u/s
7(1)(a)(i) 3 of Essential Commodities Act, 1955 and u/s
285 of IPC.
2.

It is stated in the bail application that the
petitioner has not committed any offences as alleged in
the complaint. The petitioner is suffering from mental
agony and stress due to the harassment of the
respondent/Police. He does not have any intention to
do the re-filling business of the Gas Cylinders in
Bengaluru City.

The petitioner is having dependents
and he is the only earning member of his family. He is
the permanent resident of Bengaluru. He is ready and
willing to abide by the terms and conditions imposed
while releasing him on bail. In view of registering of FIR
for non-bailable offence, he apprehends his arrest.
Hence, prayed to grant anticipatory bail.
3.

The learned P.P. has opposed the bail application
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Crl.Misc.No.8274/2023
by filing the objections statement. According to him, the
materials collected during the investigation prima-facie
disclose that the petitioner has committed the offences
alleged against him. Hence, prayed to dismiss the bail
petition filed by the petitioner.
4.

Heard the arguments from learned Counsel for
petitioner and learned Public Prosecutor. Perused the
materials placed on record.
5.

The points that arise for my consideration are:
1.Whether the petitioner is entitled for
anticipatory bail as prayed in the
application filed under Sec.438 of Cr.P.C.?
2. What order?

6.

My answer to the above points are as follows:
Point No.1: In the affirmative
Point No.2: As per final order for the following
REASONS
7.

Point No.1:- Sri.Naveed, PSI of Yashawanthapura
Police
Station
lodged
the
complaint
against
the
petitioner and two other accused persons alleging that
on 10.08.2023 at about 03.10 p.m., when he was on
duty in the Police Station received the phone call from
Hoysala Police and informed that in a vacant place near
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Crl.Misc.No.8274/2023
House No.47, Opposite to Ganesha Temple, 12 th Main,
HMT Layout, Mattikere, Bengaluru, the petitioner along
with other persons in order to earn money illegally, kept
the Gas cylinders of different Companies and refilling
the cylinders and selling to the public. In view of the
same, they visited the said spot and get the information
confirmed and noticed that the accused were filling the
Gas to the cylinders and selling illegally openly to the
public.

He along with police officials has conducted
raid and seized the cylinders which were used to fill the
small cylinders from the big cylinders and on enquiry
came to know that the said business was conducting by
the
accused
permission
without
from
the
obtaining
any
Government.

complainant filed the complaint.

license
Hence,
or
the
On the basis of the
complaint, the FIR was registered against the accused
persons for the non-bailable offences. In view of same
he has apprehension of arrest.
8.

At the outset it is material to note that the offence
alleged u/s 7(1)(a)(ii) of Essential Commodities Act, is
non-bailable
in
nature
but
said
offence
is
not
punishable with death or life imprisonment. The
involvement of petitioner and commission of offence is
5
Crl.Misc.No.8274/2023
yet to be proved. The truth is to be ascertained during
the course of trial. The respondent/police have already
seized the property in connection with crime alleged to
have committed by the petitioner and thereby major
portion of the investigation is completed. Moreover, the
offences alleged against the petitioner are triable by
Magistrate. As per the averments of bail application, the
petitioner is the permanent resident of the address
shown in the petition. He is ready to furnish the surety
and ready to abide by the conditions that may be
imposed by this Court on him. The offence alleged
against the petitioner is cognizable offences and as per
the provisions of Cr.P.C. the I.O. may arrest the
petitioner without warrant. The apprehension of the
prosecution can be taken care of by putting suitable
conditions.

Having
regards
to
the
facts
and
circumstances of the case, gravity of the offences
alleged,
punishment
prescribed
for
them
and
apprehension of the arrest of the petitioner by the I.O.
in the considered opinion of this Court the petitioner is
entitled
to
grant
anticipatory
bail
by
imposing
appropriate conditions. Accordingly, I answer this point
in the affirmative.

6
9.

Crl.Misc.No.8274/2023
Point No.2:- In view of my findings on Point No.1,
I proceed to pass the following;
ORDER
The bail petition filed by petitioner u/s 438 of
Cr.P.C is hereby allowed and anticipatory bail is
granted.
In the event of his arrest by the I.O. in Crime
No.265/2023 of Yeshawanthapura Police Station,
is directed to enlarge him on bail on executing his
personal bond for Rs.70,000/- with one surety for
like sum subject to following conditions:
1. Petitioner shall appear before the respondent
police within 20 days from the date of this
order.
2. Petitioner shall not tamper with
prosecution witnesses in any manner.

the
3. Petitioner shall appear before the Court
during trial and co-operate for the disposal
of the case.
4. Petitioner shall not commit similar to the
offence alleged against him.
5. Petitioner shall appear before the I.O. as and
when called for investigation.
6. Petitioner shall furnish the attested copy of
the Adhaar card and present residential
address proof to the I.O.

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Crl.Misc.No.8274/2023
Notwithstanding
this
order
of
anticipatory bail do not in any manner limit
or restrict the rights and duties of the police
or investigating agency, to investigate into
the charges against the petitioner.
(Dictated to the Judgment Writer directly on Computer, typed by
her, taken print out, corrected by me and then pronounced in the
open Court on this the 5th day of September 2023)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH-64), Bengaluru City.