The Union Of India vs. Pradeep Kumar And Others
(Karnataka High Court, Karnataka)

Case Law
Petitioner / Applicant
The Union Of India
Respondent
Pradeep Kumar And Others
Court
Karnataka High Court
State
Karnataka
Date
Dec 1, 2020
Order No.
CRIMINAL PETITION NO.7186 OF 2020
TR Citation
2020 (12) TR 3723
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

1. Sri Jeevan J Neeralagi, learned counsel appearing for the petitioner seeks for two weeks time to comply with office objections. However, he requests for the matter to be taken up for hearing pending compliance due to urgency.

2. The office objections not coming in the way of consideration of the above matter. His request is acceded to and the matter is taken up for hearing.

3. The petitioner is before this Court seeking for setting aside the order dated 21.09.2019 passed by LXII Additional City Civil and Sessions Judge, Bengaluru and to commit the respondents to judicial custody in the interest of justice.  

4. The petitioner alleges that the respondents are Directors of M/s PLG Power and Infra Pvt. Ltd., who have indulged themselves in several offences under Section 132 of GST Act. In terms of availing input tax credit were none exist by evading payment of GST.

5. Sri Jeevan J Neeralagi, learned counsel would submit that respondents have cheated the State of hundreds and crores of rupees and there are serious offences which are alleged against them. As such, the trial Court ought not to have granted anticipatory bail to the respondents. Even if the allegation made against the respondents are serious and true, I am unable to gather from the petitioner as to any violation by the respondents of the bail conditions imposed vide order dated 21.09.2019. Unless there is violation of the said conditions, it is not permissible to cancel the bail already granted.

6. Be that as it may, even if there is any violation of bail condition, this Court would not have jurisdiction to cancel the bail. Such a violation would have to be brought to the notice of the Court which has granted bail to pass necessary orders thereon. In the event of any additional conditions being required for the purpose of effective investigation, the same could also be brought to the notice of the trial Court for consideration in accordance with law.

7. If at all there is any grievance by the petitioner as regard the respondents having violated any or all conditions of the bail, it is always open for the petitioner to approach the said Court seeking for cancellation of the bail. Reserving such liberty, petition is dismissed at the stage of Admission itself.

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