IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 15454 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. SRI SATISHA. B.M. AGED ABOUT 45 YEARS

S/O LATE MOTAIAH

R/AT No.3, BACHAHALLI VILLAGE

CHANNAPATNA TALUK

BACHAHALLI, JAGADAPURA

RAMANAGARA DISTRICT-562 138.

…PETITIONER

(BY SRI. KRISHNA GOWDA B, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY

HALGARU POLICE STATION INVESTIGATIONS OFFICER

Digitally signed by

LAKSHMINARA YANA MALAVALLI TALUK

MURTHY RAJASHRI

REPRESENTED BY SPP

Location: HIGH

COURT OF HIGH COURT BUILDING

KARNATAKA

BENGALURU-560 001.

…RESPONDENT

(BY SRI MOHD. AYUB ALI, ADDL. SPP)

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

U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME No.202/2025 FILED BY THE RESPONDENT POLICE AUTHORITIES FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 7 OF THE ESSENTIAL

COMMODITIES ACT, 1955 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI.

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 petitioner –accused No.1 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.202/2025 of Halagur Police Station registered for offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955.

2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State.

3. Learned counsel for the petitioner would contend that the petitioner is working as principal in Morarji Desai residential school. Wheat and other grains supplied by the Government for use of inmates of the hostel are maintained by the warden. The petitioner is not responsible for any missing of the wheat bags. The petitioner is ready to co-operate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. With these, he prays to allow the petition.

4. Per contra, learned Additional SPP for the respondent -State would contend that wheat given by the Government to the Morarji Desai residency school has been misused by the petitioner who is principal. 09 bags of wheat found in the premises of Prabhuling Swamy and on enquiry of watchmen namely Sadashivappa -accused No.2 has intimated the name of this petitioner who has given 09 bags containing wheat for sale to public and to give money to the petitioner. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition.

5. Having heard learned counsels, this Court has perused the materials placed on the record.

6. 09 bags containing the wheat were found in the premise of Prabhuling Swamy which meant for use in Morarji Desai residential school. When enquiring the watchman -Sadashivappa, it is revealed that the petitioner had given the said 09 bags to him for sale to the villagers for higher price and to give the money to the petitioner. It is contended that the petitioner is not in charge of the godown and it is the warden who has to look to the use of the grains supplied. The petitioner has undertaken to co- operate with the Investigating Officer in investigation. Whether the petitioner is involved in commission of the offence alleged is matter of investigation. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents. Considering the above, the petitioner has made out case for grant of anticipatory bail with conditions.

7. In the result, the following ORDER i) The petition is allowed.

ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.202/2025 of Halagur Police Station subject to following conditions:

a) The petitioner –accused No.1 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for like sum to the sati