The apprehension of arrest exists even after the issuance of a notice of appearance, and under such circumstances, the Courts cannot evade entertaining an application for anticipatory bail.

JUDGMENT

Shivashankar Amarannavar, J. - This petition is filed by the petitioner/accused under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.93/2021 of Ranebennur Rural Police Station registered for the offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955.

2. The case of the prosecution is that on 08.05.2022 at about 5-00 p.m. when the complainant namely Suresh S/o. Ramappa Timmaji, Food Inspector, Ranebennur Rural was in his office he received credible information that two Canter lorry were loaded with ration rice moving towards Haveri to Ranebennur and the complainant informed the same to Tahasildar and secured in-charge Shirestedar, Town Food Inspector, Rural Food Inspector and two panchas. All of them proceed and reached N.H-48, near Jain Temple about 6.30 p.m., two Canter lorries came from Haveri towards Ranebennur, then the said canter lorries were stopped the drivers of said canter lorries ran away. The complainant chased the said drivers and they could not secure them. The complainant verified the said Canter lorries in the presence of panchas, the lorry bearing registration No.KA-11/8071 was loaded with 190 bags of 40 k.g. each rice total weighing 72 quintals worth Rs.86,880/- and another lorry bearing registration No.KA-09/C-5895 was loaded with 193 bags of 15 k.g. each rice total weighing 77 quintals worth Rs.92,580/-. The complainant checked the said vehicle by Vahan Prihan, the lorry bearing registration No.KA-11/8071 belongs to Ganesh and another lorry bearing registration No.KA-09/C-5895 belongs to Deepak K.N. The complainant seized the said vehicle and the rice under Mahazar and lodged the complaint against the owners and the drivers of the lorries. The said complaint came to be registered in Crime No.93/2021 of Ranebennur Rural Police Station for the aforesaid offences. During the course of enquiry the owner of the vehicle namely Ganesh stated that he has sold the vehicle to the petitioner on 17.01.2020 and there is outstanding amount of loan on lorry. The name could not be changed in the name of petitioner and as the name will be entered only after clearing the loan. Based on the said statement, Ranebennur Rural Police has issued a notice calling upon the petitioner to attend the enquiry. The petitioner apprehending his arrest has filed the Criminal Miscellaneous No.580/2022 seeking anticipatory bail and the same came to be rejected by the II Additional District and Sessions Judge, Haveri sitting at Ranebennur by order dated 25.08.2022. Therefore, the petitioner is before this Court seeking anticipatory bail.

3. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondents.

4. Learned counsel for the petitioner would contend that the petitioner has received a notice issued by the P.S.I., Ranebennur Rural Police Station, he apprehends his arrest. It is his further submission that the petitioner is innocent and he is not aware of the alleged offences. The offences alleged are not punishable with death or imprisonment for life. The petitioner is ready to co-operate with the Police in investigation. With this, he prayed to allow the petition.

5. Per Contra, learned High Court Government Pleader contended that the investigation is still in progress. Merely issuance of notice by the Police calling upon the petitioner to appear before them for investigation will not create any threat of arrest and on that he placed reliance on the decision of this Court in the case of Sri. Jerry Paul V/s. State of Karnataka. With this, he prayed to dismiss the petition.

6. Having regard to the submissions made by learned counsel for the petitioner and learned High Court Government Pleader, this Court has gone through the averments of the FIR, complaint, copy of notice and the order passed by the Sessions Court.

7. The petitioner has received Police notice date