Crl.P.No.7320/2018

c/w Crl.P.No.7319/2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JULY 2021

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No. 7320/2018

C/W

CRIMINAL PETITION No.7319/2018

BETWEEN:

1.

MR.DURGAPRASAD ANNAVAJJULA

S/O A.V.S.R. KRISHNA MURTHY

AGED ABOUT 55 YEARS

WORKING AS SENIOR

VICE PRESIDENT (R&D) IN

STELIS BIOPHARMA PVT. LTD. (SBPL)

OFFICE ADDRESS: 293,

BOMMASANDRA JIGANI LINK ROAD

JIGANI ANEKAL TALUK

BENGALURU-562 105

RESIDENTIAL ADDRESS:

A-04, VASWANI BELLA VISTA

SEETHARAMPALYA ROAD

MAHADEV PURA (P.O.),

WHITE FIELD

BENGALURU-560 048

2.

MR. JOE THOMAS

S/O MANGALAM EAPEN THOMAS

AGED ABOUT 61 YEARS

WORKING AS EXECUTIVE DIRECTOR IN

STELIS BIOPHARMA PVT. LTD. (SBPL)

OFFICE ADDRESS:

293, BOMMASANDRA JIGANI LINK ROAD

JIGANI ANEKAL TALUK

BENGALURU-562 105

Crl.P.No.7320/2018

c/w Crl.P.No.7319/2018

2

RESIDENTIAL ADDRESS:

305, SOBHA GARNET

SARJAPUR ROAD, IBLUR

BENGALURU-560 102

… PETITIONERS

(COMMON)

(BY SRI.MAHESH S., ADVOCATE)

AND:

THE STATE OF KARNATAKA

BY THE SENIOR LABOUR INSPECTOR

18^TH CIRCLE, KARMIKARA BHAVANA

BANGALORE DAIRY CIRCLE

BANNERGHATA ROAD

BENGALURU-560 029

REP. BY SPP

HIGH COURT OF KARNATAKA

BENGALURU-01

… RESPONDENT

(COMMON)

(BY SRI. THEJESH P., HCGP)

CRIMINAL PETITION NO.7320/2018 IS FILED

UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH

THE ENTIRE CRIMINAL PROCEEDINGS INITIATED BY

THE RESPONDENT IN C.C.NO.3181/2018 AS AGAINST

THE PETITIONERS HEREIN PENDING BEFORE THE

M.M.T.C.-V, BENGALURU.

CRIMINAL PETITION NO.7319/2018 IS FILED

UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH

THE ENTIRE CRIMINAL PROCEEDINGS INITIATED BY

THE RESPONDENT IN C.C.NO.3180/2018 AS AGAINST

THE PETITIONERS HEREIN PENDING BEFORE THE

M.M.T.C.-V, BENGALURU.

THESE CRIMINAL PETITIONS COMING ON FOR

ADMISSION THIS DAY, THE COURT THROUGH VIDEO

CONFERENCE MADE THE FOLLOWING:

Crl.P.No.7320/2018

c/w Crl.P.No.7319/2018

3

O R D E R

Petitioners

are

accused

Nos.1

and

2

in

C.C.Nos.3180/2018 and 3181/2018 on the file of the

Metropolitan Magistrate Traffic Court - V, Bengaluru.

The respondent sought to prosecute them in those

cases for the offences mentioned in the table below:

SL.

No.

C.C.No.

OFFENCES

1

3180/2018

Section 32 of the Karnataka

Shops

and

Commercial

Establishments Act, 1961

2

3181/2018

Section 22(A) of Minimum Wages

Act, 1948

2.

Petitioner

No.1

is

the

Senior

Vice

President (R&D). Petitioner No.2 is the Executive

Director of the Company called Stelis Biopharma Pvt.

Ltd. The said company is engaged in Manufacture of

Pharmaceuticals products. The said company is

covered under the Karnataka Shops and Commercial

Establishments Act and the Minimum Wages Act.

Crl.P.No.7320/2018

c/w Crl.P.No.7319/2018

4

3.

In C.C.No.3180/2018 it is alleged that on

26.12.2017 the respondent conducted the inspection

at the said company’s premises. It was further

alleged that the company had committed the

following offences:

i)

Not declared weekly holidays to its workers;

ii)

Not maintained ‘F’ register;

iii)

Not issued appointment orders to the workers;

iv)

Not maintained Annual Report in Form ’U’ and

leave register in Form ‘H’. Thereby, violated several

provisions of the Karnataka Shops and Commercial

Establishments Act punishable under Section 30(2)

of the Act.

4.

In C.C.No.3181/2018 it was alleged that

during the aforesaid inspection it was found that the

company

had

not

maintained

the

mandatory

Registers and failed to produce them during the

inspection as required under Rule 18(1), Rules 29(1),

Crl.P.No.7320/2018

c/w Crl.P.No.7319/2018

5

29(2), 29(5), 23, 22(4), 30 and 30(A) of the Minimum

Wages Rules under the Minimum Wages Act, 1948

which are punishable under Section 22(A) of the

Minimum Wages Act.

5.

Regarding

the

alleged

violations,

the

respondent filed two separate complaints under

Section 200 of