ORDER :

This petition is filed by the petitioners/accused Nos.4 and 2 under Section 438 of Cr.P.C. for granting anticipatory bail in Crime No.131/2020 registered by Kuduthini Police Station for the offences punishable under Sections 3, 6(A) and 7 of Essential Commodities Act, 1955 and under Sections 3, 4, 12, 18 and 19 of Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016 and under Sections 3(2)(i), 4, 6 and 8 of Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order 1981 and Section 420 of IPC.

2. It is the case of prosecution that on the credible information complainant-Sri Ravikumar Rathod who is the Food Sheristedar along with panchas by obtaining the permission of Deputy Commissioner and Tahasildar went to a suspected area along with PSI Kuduthini Police Station and his staff and in one open place near the Sultanpur Road, where they found that one lorry was standing, after searching the lorry, it revealed it was loaded by PDS rice and they conducted the raid and seized nearly 340 plastic bags more than 153 quintals worth Rs.3,97,800/-from the spot. On verification of the said rice bags, they found they were the rice bags pertains to the Government PDS Scheme and other Government various Schemes. Immediately they arrested the accused No.1 on the spot. The petitioner No.2/accused No.2 who said to be sitting on the seat of driver of the lorry after seeing the complainant and his team he ran away from the spot and on enquiry, the accused No.4/ petitioner No.1 said to have owner of the said lorry and the accused No.2/petitioner No.2 said to be the driver of lorry as per the information given by the accused No.1. The police making attempt to arrest the petitioners, hence they approached the Sessions Court for granting anticipatory bail, which came to be rejected. Accordingly, they are before this Court.

3. Learned counsel for the petitioners has contended that the petitioners/accused Nos.4 and 2 are innocent of the offences alleged and they are falsely implicated in this case. They are not aware about the anything except the lorry was sent by the accused No.4 and accused No.2 was the driver of the said lorry. They were not aware about the rice bags which were kept for distribution to poor people under Government PDS Scheme or any other. They are ready to abide by any conditions to be imposed by this Court. The alleged offence is not punishable with death or imprisonment for life. Hence, he prayed to allow the petition.

4. Per Contra, the learned HCGP has objected the bail petition and contended that these petitioners are also actively participated in collusion with the accused No.1 while transporting the rice pertains to the PDS Scheme and other Government schemes. The investigation of the case is still going on. These petitioners are required for the purpose of interrogation. Hence, she prayed to reject the bail petition.

5. Upon considering the rival contentions of learned counsel for the petitioners as well as learned HCGP and on perusal of the material placed on record, admittedly on 08.11.2020, the complainant along with panchas seized the lorry and 340 plastic bags more than 153 quintals of rice worth Rs.3,97,800/-and the accused No.1 has been arrested on the spot. The accused No.1 said to have given the information that accused No.2 is the driver of lorry and accused No.4 sent the lorry, except these allegations against these petitioners nothing has been placed on record to show that they having knowledge about the rice bags and they intentionally committed the offence in collusion with the accused No.1. The accused No.1 already arrested by the police. The petitioners are the permanent residents of the addresses given in the cause title. The alleged offences are not punishable with death or imprisonment for life. Therefore, without expressing any opinion on the merits of the case and by imposing certain conditions, if the petitioners are granted bail, no pre