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2025 Supreme(Online)(Kar) 439068

THE HIGH COURT OF KARNATAKA
SHIVASHANKAR AMARANNAVAR
N B DINESH KUMAR – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 15697/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 15697 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. N B DINESH KUMAR S/O BOMMARASEGOWDA

AGE ABOUT 45 YEARS,

R/AT NODEKOPPALU VILLAGE

KOTHATHI HOBLI,

MANDYA TALUK AND DISTRICT

…PETITIONER

(BY SRI P P HEGDE, SENIOR COUNSEL FOR

SMT. SAKSHA BHAGAVAN, ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY MANDYA RURAL POLICE STATION,

REPRESENTED BY STATE PUBLIC PROSECUTOR,

Digitally signed by

LAKSHMINARAY ANA HIGH COURT OF KARNATAKA,

MURTHY RAJASHRI

BENGALURU – 560 001.

Location: HIGH

COURT OF …RESPONDENT

KARNATAKA

(BY SMT. B PUSHPALATHA, ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED

U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED AND DIRECT THE RESPONDENT - MANDYA RURAL POLICE STATION TO RELEASE THE PETITIONER FORTHWITH ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH THE CRIMINAL CASE REGISTERED AS PER CRIME No.370/2025 OF MANDYA RURAL

POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955 AND UNDER SECTIONS 3,4,12,18 AND 19 OF ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER, 2016 PENDING ON THE FILE OF JMFC COURT, MANDYA.

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 the sole accused under Section 482 of BNSS praying to grant anticipatory bail in Crime No.370/2025, Mandya Rural Police Station, registered for offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955 and Sections 3, 4, 12, 18 and 19 of Essential Commodities (Public Distribution System) Public Control Order, 2016.

2. Heard learned counsel for petitioner and learned Addl.SPP for respondent / State.

3. Learned Senior counsel for petitioner would contend that the petitioner is having poultry farm of big size and he has stored the crop grown in his agricultural land and also in the agricultural land of his relatives for the use of poultry. The petitioner had purchased old gunny bags on 23.09.2025 and receipt in that regard is also produced and the said gunny bags were purchased are of 300 in number. The offence alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is ready to co-operate with the IO in the investigation and abide by any terms and conditions to be imposed by this Court. With this he prayed to allow the petition.

4. Per contra, learned Addl.SPP would contend that the gunny bags found in the poultry farm of the petitioner are having print of Government name and total bags seized are 284 and each weighing 50 kgs. The petitioner is required for interrogation. With this she prayed to reject the petition.

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

6. As per averments of the complaint and the FIR, 284 bags weighing 50 kgs each, have been seized from the poultry farm of the petitioner. In the said poultry farm 9 bags of ragi are also found and as they are grown in their land they were left there. The petitioner contended that he has purchased old gunny bags and stored ragi crop grown in the land of relative for use of poultry farm. The petitioner is ready to co-operate with the IO in investigation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life.

There are no criminal antecedents of the petitioner.

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

ORDER The petition is allowed. The petitioner is ordered to be released on bail, in the event of his arrest, in Crime No.370/2025 of Mandya Rural Police Station, subject to following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one s

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