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TABREZ KHAN v. STATE OF KARNATAKA

Karnataka High Court
Dec 13, 2024

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NC: 2024:KHC:51729

CRL.P No. 12844 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF DECEMBER, 2024

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 12844 OF 2024

BETWEEN:

TABREZ KHAN

AGED ABOUT 29 YEARS

S/O BASHEER KHAN R/AT NO. 15 KH NO.144/4/118

MOHSINA TAJ BUILDING

MUNIYAPPA LAYOUT K.R. PURAM

BANGALORE - 560 036

PROPRIETOR OF BS AUTOMOBILES

NO.4 VENKATESHWARA THEATER

ROAD BESIDES OM SHAKTHI TEMPLE

DEVASANDRA, K.R. PURAM

BANGALORE - 560 036 …PETITIONER

(BY SRI UDAY SHANKAR M, ADV.)

AND:

STATE OF KARNATAKA

K.R. PURAM PS

BANGALORE CITY

REPRESENTED BY SPP

HIGH COURT OF KARNATAKA

BENGALURU - 560 001. …RESPONDENT

(BY SRI RAHUL RAI K, HCGP)

THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS)

CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE

PETITIONER IN THE EVENT OF ARREST IN RELATION TO FIR IN

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CRIME NO.803/2024 REGISTERED BY K.R.PURAM POLICE

STATION, WHITEFIELD SUB DIVISION, BENGALURU DATED

23.09.2024 FOR THE OFFENCE P/US/ 51(b) AND 63 OF COPY

RIGHT ACT 1957 PENDING BEFORE 9TH A.C.M.M MAGISTRATE

BENGALURU.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused in Crime No.803/2024 registered by K. R. Puram Police Station, Bengaluru City, for the offence punishable under Sections 51(b)(1) and 63 of the Copyright Act, 1957, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.803/2024 was registered by K. R. Puram Police Station, Bengaluru City, against the petitioner herein for the aforesaid offence on the basis of the first information dated 23.09.2024 received from Francis Paul. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.9260/2024 before the jurisdictional Sessions Court which was rejected on 16.10.2024. Therefore, he is before this Court.

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4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition.

5. Per contra, learned HCGP has opposed the petition.

6. The Trial Court has rejected the anticipatory bail application of the petitioner solely on the ground that the alleged offence is bailable offence and therefore, petition under Section 482 of BNSS, 2023, is not maintainable. The Hon'ble Supreme Court in the case of Knit Pro International vs. State of NCT of Delhi and Another - (2022) 10 SCC 221 has held that offence punishable under Section 63 of the Copyright Act, 1957, is a cognizable and non-bailable offence. The allegation made in the first information against the petitioner is that he was found selling duplicate Shell Advance Engine Oil, which was causing loss to the Company of which the first informant is an employee. Considering the nature of allegations found in the first information and also the fact that maximum punishment for alleged offences is imprisonment for a period of three years, I am of the opinion that the prayer

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made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-

7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.803/2024 registered by K. R. Puram Police Station, Bengaluru City, for the offences punishable under Sections 51(b)(1) and 63 of the Copyright Act, 1957, subject to the following conditions:

1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.

2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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4. The petitioner shall not involve in similar offences in future;

SD/-

(S VISHWAJITH SHETTY)

JUDGE

DN