IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3309 OF 2026 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. MR. ASHRAF KHAN S/O BASHA SAB, AGED ABOUT 51 YEARS, R/AT AGRAHARA STREET, WARD NO.29, NAKKUNDI, CHINTAMANI, CHIKKABALLAPUR DISTRICT. (NOW IN JUDICIAL CUSTODY, Digitally signed by SUB-JAIL, KGF).

SREEDHARAN BANGALO RE …PETITIONER SUSHMA LAKSHMI (BY SRI. HARSHMATHB PASHA SR.ADV Location: High AND KARIAPPA N.A., ADVOCATE)

Court of Karnataka AND:

1. STATE OF KARNATAKA BY ANDERSONPET POLICE STATION, K.G.F.

KOLAR DISTRICT (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE – 560 001).

…RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP)

THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS)

BY THE ADVOCATE FOR THE PETITIONER(A9) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CR.NO.8/2026 OF ANDERSONPET P.S. K.G.F, FOR THE OFFENCE P/U/S 51, 56, 57, 59 OF THE FOOD SAFETY AND STANDARDS ACT 2006 AND SEC.61, 274, 275, 314, 316(2), 318(4) OF BNS WHICH IS PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, KOLAR (SITTING AT K.G.F), ON SUCH TERMS AND CONDITIONS, IN THE ENDS OF JUSTICE.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

1. The petitioner/accused No.9 is before this Court seeking for grant of regular bail in Crime No.8/2026 of respondent police for the offences punishable under Sections 51, 56, 57, 59 of the Food Safety And Standards Act, 2006 and Sections 61, 274, 275, 314, 316(2), 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023.

Brief facts of the case:

2. The case of the prosecution is that a complaint filed by the complainant who is working as a Government Official stating that on 14.01.2026, they had received an information that the adulterated milk was being prepared in the Land bearing Sy.No. 79 of Bellagere Village. On receiving the said information, the complainant went along with the police officials and punch witnesses around about 10.30 p.m. to the location. There, he found five persons were preparing adulterated milk. Therefore, he conducted search and seized all the materials and also the vehicle in the presence of panchas and drew seizure mahazar accordingly.

3. Based on the complaint, the respondent police registered a case in Cr.No.8/2026 against the petitioner and conducted investigation. The investigation is under progress.

4. Heard Sri. Hasmath Pasha, learned Senior Counsel for Sri. Kariappa N.A., learned counsel for the petitioner and Smt. Anitha Girish N, learned HCGP for respondent – State.

5. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The petitioner is arrayed as accused No. 9. However, as per the averments of the complaint, only five persons were present in the premises where alleged adulterated milk was being prepared. The present petitioner has been implicated in this case on the basis of the voluntary statement of co-accused. Hence, the petitioner may be enlarged on bail and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition.

6. Per contra, learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner is arrayed as accused No. 9. He along with other accused persons were preparing adulterated milk. The manner in which they are preparing the adulterated milk would not only causes loss to the concerned Milk Union but also causing health hazardous to the public at large. If the petitioner is enlarged on bail, certainly, it gives wrong message to the Society at large. Making such submissions, learned HCGP prays to reject the petition.

7. Having heard learned counsel for the respective parties and on perusa