KABC010223062023
Presented on : 19-08-2023
Registered on : 19-08-2023
Decided on : 30-08-2023
Duration : 0 years, 0 months, 11 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCHн67)
DATED: This the 30th day of August, 2023
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 8082/2023
Petitioner :
Asha @ Ashakalappa,
D/o Kalappa,
Aged about 52 years,
R/at No.208, 2nd Cross,
In front of Muneshwara Temple,
doddabettahalli Layout,
Bangalore North,
Bengaluru 560 097.
(By Sri.K.Umesh Gowda, Adv.)
/Vs/
Respondent :
State by:
Yelahanka New Town Police Station,
Bengaluru.
(By Public Prosecutor.)

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Crl.Misc.No.8082/2023
ORDERS ON BAIL APPLICATION FILED UNDER
SEC.438 OF Cr.P.C.
Petitioner/accused filed bail petition under Section 438
Cr.P.C seeking anticipatory bail in the event of his arrest in
Cr.No.253/2023
for
the
offences
punishable
under
Sections 7 and 3 of Essential Commodities Act and
Sections 3(1)(b) ,4 of Liquid Petroleum Gas Regulation of
Supply Distribution Order and Sections 285 read with 34
of IPC registered by the respondent pending on the file of
30th ACMM, Bengaluru.
2. The petitioner case in brief are as follows:
The petitioner is innocent of the offences alleged. She
has not committed the offences, she has been falsely
implicated.

No notice was served upon the owner of
premises before conducting raid.

The procedure of
conducting raid is not proper. The voluntary statement is
inadmissible in evidence. The petitioner is apprehending
arrest from the respondent police, the petitioner is
permanent resident of address shown in the cause title.

Crl.Misc.No.8082/2023
3
She is ready and willing to abide by the conditions and
prayed to allow the petition.
3. The learned Public Prosecutor filed objections
along with report of IO contending that the petition is not
maintainable. That the petitioner and others without
licence
and
permit
illegally
sold
different
company
cylinders for the purpose of refilling, 162 cylinders were
seized and sealed the premises. The investigation is
pending, if the petitioner is granted bail, she may commit
similar offences and destroy the evidence and prayed for
dismissal of the petition.
4. Heard the arguments of both sides and perused
the record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1: Whether the petitioner is entitled
for anticipatory bail ?
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order for the
Crl.Misc.No.8082/2023
4
following reasons.:
REASONS
7. Point No.1: The food Inspector Sandeep.V.
Yelahanka Taluk has filed a complaint on 10.8.2023
alleging
that
he
has
received
information
that
Smt.Yashodamma in her godown illegally stored different
company gas/commercial cylinders for refilling purpose.
After giving information to higher authorities on 10.8.2023
raided the shed of Yashodamma, situated at Veerasagara
Village,
on
Veerasagara,
Kempanahalli
road,
near
Swimming pool and found Bharath Gas commercial 72
cylinders, Indian commercial cylinders 21, HP commercial
3 cylinders total energy gas cylinders 62 totally 162
cylinders, one gas refilling rod, gas refilling machines,
electronic weighing machines were seized under mahazar
in presence of witness and sealed the godown.

The the
petitioner and others in he godown of Yashodamma
illegally stored gas cylinders for the purpose of refilling. On
the basis of said complaint the respondent police registered
5
Crl.Misc.No.8082/2023
the case under Section 7, 3 Essential Commodities Act,
under
under Section 3(1)(b), 4 of the
Liquid Petroleum
Gas Regulation of (supply land distribution) Order 2000,
and Section 285 read with 34 IPC.
8. The complaint discloses the alleged 162 cylinders
along with refilling machines and weighing machines are
seized under mahazar.

The custodial interrogation of
petitioner may not be required. The name of the petitioner
is shown as accused No.1 She is apprehending arrest from
the respondent police.

The offences alleged are not
punishable with death or life imprisonment and triable by
Magistrate. The petitioner is a woman, she is permanent
resident of address shown in the cause title. The chances
of absconding from the trial is remote.

Whether the
petitioner along with other persons illegally stored the gas
cylinders and refilling is a matter of investigation and trial.
Considering the guidelines of HonТble Apex Court in
Satender Kumar Antil Vs CBI 2022 SCC OnLine SC 825
and facts and circumstances of the case, nature and
gravity of the offence and accusation levelled against the
Crl.Misc.No.8082/2023
6
petitioner, he is entitled for anticipatory bail. Accordingly
answer point No.1 in the affirmative.
9. POINT No.2:н In view of findings given on point
No.1, this Court pass the following order.
ORDER
The
petition
filed
by
the
petitioner/
accused Ц Asha @ Ashakalappa
under
Section 438 Cr.P.C. is allowed.
The petitioner is ordered to be released on
anticipatory bail in the event of her arrest in
Cr.No.253/2023 registered by respondent
under
Sections
7
and
3
of
Essential
Commodities Act and Sections 3(1)(b) ,4 of
Liquid Petroleum Gas Regulation of Supply
Distribution Order and Sections 285 read
with 34 of IPC on execution of personal bond
for Rs.50,000/н with one surety for the like
sum to the satisfaction of the Investigation
Officer subject to following conditions.
1. The petitioner/accused shall appear before
the IO as and when called upon for the
purpose of investigation.

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Crl.Misc.No.8082/2023
2. The petitioner/accused shall not threat the
complainant or prosecution witnesses in any
manner directly or indirectly.
3. The
petitioner/accused
shall
regularly
appear before the concerned Court as and
when called for.
4. Petitioner/accused shall not commit similar
offences.
If any of the conditions are violated the
prosecution is at liberty to move for cancellation
of bail.
(Dictated to the Judgment Writer directly on computer,
corrected by me and then pronounced in the open Court on
this the 30th day of August, 2023).
(S. NATARAJ),
LXVI Addl.CC & SJ, Bangalore.

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Crl.Misc.No.8082/2023
The Order is pronounced in the
open Court (vide separate Order).
ORDER
The petition filed by the
petitioner/ accused Ц Asha @
Ashakalappa
under Section 438
Cr.P.C. is allowed.
The petitioner is ordered to be
released on anticipatory bail in the
event of her arrest in Cr.No.253/2023
registered
by
respondent
under
Sections 7 and 3 of Essential
Commodities Act and Sections 3(1)(b) ,
4 of Liquid Petroleum Gas Regulation
of Supply Distribution Order and
Sections 285 read with 34 of IPC on
execution of personal bond for
Rs.50,000/н with one surety for the
like sum to the satisfaction of the
Investigation
Officer
subject
to
following conditions.
1.
The
petitioner/accused
shall
appear before the IO as and when
called upon for the purpose of
investigation.
2. The petitioner/accused shall not
threat the complainant or prosecution
witnesses in any manner directly or
indirectly.
3.
The
petitioner/accused
shall
regularly appear before the concerned
Court as and when called for.

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Crl.Misc.No.8082/2023
4.
Petitioner/accused
commit similar offences.

shall
not
If any of the conditions are violated
the prosecution is at liberty to move
for cancellation of bail.
LXVI Addl.CC & SJ,
Bangalore.