IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13848 OF 2025 [(438(Cr.PC) / 482(BNSS)]

BETWEEN:

UDAY KUMAR SHETTY, S/O. SANJEEVA SHETTY, AGED ABOUT 56 YEARS, R/O.NO.3-210, KOLKADI, MOLAHALLI, KUNDAPURA TALUK, UDUPI DISTRICT - 576 222.

…PETITIONER (BY SRI. K PRASANNA SHETTY, ADVOCATE)

AND:

STATE BY KOTA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

Digitally signed by …RESPONDENT LAKSHMINARAYANA MURTHY RAJASHRI (BY SRI. CHANNAPPA ERAPPA, HCGP)

Location: HIGH COURT OF KARNATAKA THIS CRL.P IS FILED UNDER SECTION 438 (FILED UNDER SECTION 482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.139/2025 REGISTERED BY THE RESPONDENT POLICE, PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT, KUNDAPURA, UDUPI DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3, 7 OF ESSENTIAL COMMODITIES ACT, 1955 AND UNDER SECTIONS 3(2), 18(1) OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER, 2016.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by sole accused under Section

482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.139/2025 of Kota Police Station, registered for offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955 and under Sections, 3(2), 18(1) of Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016.

2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent -

State.

3. Learned counsel for petitioner would contend that, on a raid in a godown situated near the house of the petitioner, the raiding team found storage of PDS rice weighing 8 quintals 45 kgs. The said godown does not belong to the petitioner. The petitioner was present and reached the godown at the time of raid. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is ready to cooperate with the Police in the investigation. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for respondent would contend that, from the godown of this petitioner, PDS rice bags were found and they were seized. The petitioner in spite of notice has not appeared for interrogation. Now, the charge sheet has been filed. With these, he prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.

6. As per averments of the complaint, on a raid being conducted in the godown of the petitioner, bags containing PDS rice were found and they were seized. In the averments of the complaint, it is mentioned that, the petitioner came to the godown and he said that, those rice stored are PDS rice. There was no arrest of the petitioner even though he was present on the spot. The offence is alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is ready to abide by any conditions to be imposed by the Court.

7. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.139/2025 of Kota Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions:

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer/jurisdictional Court.

ii)