This petition is filed by petitioner-accused Nos.2 and

5 under Section 438 of Cr.P.C. for granting anticipatory

bail in Crime No.205/2022 registered by K.R.Puram Police

Station, Bengaluru for the offences punishable under

Sections 420, 482 read with Section 34 of IPC and Section

63 of the Copyright Act, 1957.

2.

Heard the arguments of learned counsel for the

petitioners, learned High Court Government Pleader for the

respondent-State and the Assisting counsel for the learned

High Court Government Pleader.

3.

The case of the prosecution is that the suo-

moto complaint was registered by the Police Sub-Inspector

of K.R. Puram Police Station on 16.06.2022 alleging that

3

he received credible information at 11.00 a.m. that some

persons selling the counterfeit Asian Paints to the Public in

concession rates. After getting the information, the

complainant along with the panchas raided the place

where accused No.1 was found in possession of 10 Kgs of

Asian paints in 3 tins and 20 Kgs of Asian paints in 2 tins.

The same were seized under the panchanama and then the

case was registered. During the interrogation, he has

revealed that he along with the other accused were used

to prepare the duplicate paint and put it in the Asian paints

tins and used to sell the same to the public. At the

interrogation, the Police also arrested the accused No.6, 9

and 11, they have been remanded to the judicial custody.

Subsequently, accused Nos.1, 6, 9, 11 were granted bail

by the Magistrate. In the voluntary statement of the

accused No.1, names of accused Nos.2 and 5 have been

arraigned. Therefore, the Police are trying to arrest these

petitioners, hence, they are before this Court for granting

anticipatory bail.

4

4.

The learned counsel for the petitioners has

contended that the petitioners are innocent of the alleged

offences. Accused No.2 is only an employee under the

accused No.1. He is a daily wage employee. He is nothing

to do with the paint which is prepared by accused No.1 and

he is ready to abide by the conditions that may be imposed

by this Court. The co-accused is already granted bail.

Learned counsel also contended that the accused No.5 is

also a person who supplied the raw materials to accused

No.1 and in turn, accused No.1 used to prepare the paint

and used to sell the same to the public. Hence, he prayed

for granting bail to accused Nos.2 and 5.

5.

Per contra, learned High Court Government

Pleader seriously objected the bail petition and contended

that accused No.2 is the main mastermind person behind

preparing the fake paints in the name of Asian paints and

selling the same throughout India. Accused No.5 also used

to send the raw materials to accused No.2 and both of

them are absconding. The ground of parity is not available

5

to these accused persons. They are required for custodial

interrogation. Hence, prayed for rejecting the bail petition.

6.

Having heard the arguments and on perusal of

the records, which reveals, admittedly, accused No.1 was

apprehended by the Police and seized 10 Kgs of paints in 3

tins under the brand name of Asian paints which was the

counterfeit paints and 20 Kgs of paints in 2 tins were also

seized by the Police under the panchanama. Subsequent

to the arrest of the co-accused, they also seized the raw

materials and other materials from the co-accused

persons. They have been arrested and released on bail by

the trial Court. Now, accused No.2 is said to be a worker

as per the contention of the accused No.1 in his voluntary

statement. But the High Court Government Pleader and

the Assisting counsel submits that accused No.2 is the

mastermind behind him and accused Nos.5 to 7 used to

supply the raw materials and accused No.2 is running

electrical and hardware shop without any licence. They

used to prepare the fake or counterfeit Asian paints and

6

accused No.5 used to supply the Asian paint tins and the

other accused used to fill the fake Asian paints and used to

sell the same to the public. The accused