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Crl.Misc.No.8302/2023
KABC010228162023
IN THE COURT OF LV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCC-56)
: Present :
Sri. SHRIRAM NARAYAN HEGDE,
B.A., LL.M.,
LV Addl. City Civil and Sessions Judge,
Bengaluru.
DATED: THIS THE 5TH DAY OF SEPTEMBER 2023
Crl.Misc. No.8302 / 2023
PETITONER/S:
DEEPAK KUMAR
S/O SUSHIL KUMAR SHARMA
AGED ABOUT 30 YEARS,
RESIDING AT WARD NO.21 MANDRELA
JHUJHUNUN MANDRELLA RAJASTHAN
STATE 333025.
(By Sri.B.K.Ramesh, Adv.)
VERSUS
RESPONDENT
THE STATE OF KARNATAKA
BY KAMAKSHIPALYAPOLICE
BENGALURU,
STATION,
(By Public Prosecutor)
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Crl.Misc.No.8302/2023
ORDER
The petitioner / accused has filed this petition under
Section 438 of Cr.P.C. seeking for an order of anticipatory
bail.
2.

On the complaint filed by Sri.Umar Abdullah, a case is
registered
at
the
respondent
police
station
in
Cr.No.375/2023 against the accused for the offences
punishable u/Ss.51(1)(b) and 63 of Copy Right Act, 1957.

3.

The case of the prosecution in brief are that, the
complainant is an authorized person of Lacoste SA., France
and Burberry Limited UK to investigate, file and prosecute
against Copy Right and Trademarks violations and to verify
the product on behalf of the aforesaid said companies, all
over India and assist the Enforcement Authorities in
conducting raid and also to do necessary acts, such as filing
of complaint before the concerned authorities. He is
authorized to initiate action against entities dealing in
duplicate УLACOSTE, GANT, BURBERRY, HUGO BOSS, POLO
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Crl.Misc.No.8302/2023
RALPH LAUREN AND LEVI’S’.The complainant visited the
shed
of
the
accused
which
is
situated
at
No.15/2,
Hegganahalli Main road, near RES Polytechnic College,
Sunkadakatte, Bengaluru. In the name of ‘Sham buttons’
shop and found that the accused was selling duplicate
LACOSTE, GANT, BURBERRY company buttons. Hence, he
filed the aforesaid complaint.

Now the investigation is
going on.
4.

Now this petitioner is contending that
he is an
innocent person and he has not committed any offence.
There is no reasonable ground to show that he has
committed the offences. This petitioner is supplying the
materials legally. But the complainant had demanded for
ransom. When the same is refused, he filed the false case.
The alleged offences are not punishable with death or
imprisonment for life. He is the permanent resident of the
address mentioned in the cause title. He is ready to abide
by the conditions that may be imposed by this court.
Hence, the petitioner prayed to allow the petition.

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Crl.Misc.No.8302/2023
5.

The learned Public Prosecutor has contested this
petition by filing detailed objections by reiterating the case
of the prosecution and further contended that there is
prima facie case against the petitioner. If he is enlarged on
bail he may tamper with prosecution witnesses. He may
abscond. Hence, prayed to reject the bail application.
6.

Heard arguments and perused the records.

7.

Now the point for determination is as follows.
УWhether the petitioner / accused has made out
sufficient grounds to grant an order of anticipatory bail
by resorting to special powers vested in this Court
under Section 438 of Cr.P.C.?Ф
8.

On the basis of the materials available on record
finding to the above point is in the AFFIRMATIVE for the
following.
REASONS
9.

I have gone through the entire materials available on
record. The alleged offences are not punishable with death
or imprisonment for life.

It is not in dispute that this
petitioner is the permanent resident of the address
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Crl.Misc.No.8302/2023
mentioned in the cause title. He is ready to abide by the
conditions that may be imposed by this court. There is no
criminal antecedents. He is ready to co-operate for
investigation
reasonable
and
trial.

conditions
Under
will
such
meet
circumstances,
objection
of
the
prosecution. Hence, the aforesaid point is answered in the
AFFIRMATIVE and proceed to pass the following.
ORDER
Bail petition filed by the petitioner / accused
under
Section 438 of Cr.P.C. is hereby ALLOWED.
In
the
event
of
arrest
of
this
petitioner
in
Cr.No.375/2023 of respondent police he shall be enlarged
on bail by accepting personal bond in a sum of Rs.50,000/with one surety for likesum, on the following conditions.
1.

The petitioner / accused
shall appear before the
Investigating Officer within 10 days from the date of
this order.
2.

He shall not tamper with prosecution witnesses in
any manner.

3.

He shall co-operate with Investigating Officer as and
when called for investigation.

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Crl.Misc.No.8302/2023
4.

He shall not involve in any criminal activities.

5.

He shall attend the court, regularly, on all dates of
hearing, without fail.

(Dictated to the Judgment Writer, transcribed by him and
then corrected by me and then pronounced in the open
court on this the 5th day of SEPTEMBER 2023)
(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)
SHRIRAM
NARAYAN
HEGDE
Digitally signed
by SHRIRAM
NARAYAN
HEGDE
Date: 2023.09.05
17:31:35 +0530