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Judgment
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
The respondent-Police registered a FIR in Crime No.219/2016 dated 7.10.2016 in respect of offences punishable under Sections 7(III) of Lottery Regulation Act, 4(a) (b) (c) of Karnataka Lottery and Prize Competition Control and Tax Act 1957,4(1) (c), 5, 7, 7(3) of Prize Chits and Money Circulation Schemes, (Banning) Act, 1978, Section 66(A) of Information Act, Section 506, 353 R/w Section 34 of Indian Penal Code, against the petitioner (A4) and three others. Subsequently during the course of investigation others were also implicated.
The allegation of the prosecution is, the first accused was selling lottery tickets unauthorizedly. When the investigating officer raided the spot with the staff instead of co-operating, he threatened the police personnel etc. The petitioner herein is from Kerala State and is an associates of A1.
The learned counsel for the petitioner submits that the petitioner was not present at the spot when raid was conducted. The trial court granted anticipatory bail to some of the co-accused. Bail was rejected to the petitioner on the premise that he is from Kerala State and may abscond, but in fact he is a permanent resident of Biligere village Nanjanagud Taluk, Mysuru District. He is a coolie by profession and has no hands in the alleged crime.
Having regard to the nature of allegation, there is no impediment to allow the petition.
Accordingly, petition is allowed. Petitioner is granted anticipatory bail in Crime No.219/2016 registered by the respondent-Police, subject to following conditions:
(i) He shall forthwith appear before respondent- Investigating Officer. In that event, the Investigating Officer is at liberty to interrogate him.
(ii) In the event of his arrest by the respondent- Investigating Officer in respect of the above case, he shall be released on bail by executing a self bond for a sum of Rs.50,000/- with one surety for the likesum.
(iii) He shall appear before the Investigating Officer during the further course of investigation as and when called for.