IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1^ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CRIMINAL PETITION NO.100538 OF 2026 (438 OF Cr.PC/482 OF BNSS)

BETWEEN:

MAHABUSAB S/O. TIPUSAB BELLARY, AGE: 45 YEARS, OCC: COOLIE, R/O. OLD HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580029.

…PETITIONER (BY SRI GIRISH BHAT, ADV. FOR SRI MARUTI HANCHINAMANI, ADVOCATES)

AND:

THE STATE OF KARNATAKA BY GADAG TOWN PS, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH-580011 …RESPONDENT Digitally signed (BY SRI ABHISHEK MALIPATIL, HCGP)

by MALLIKARJUN RUDRAYYA KALMATH L C o o c u a r t t i o o n f : High THIS CRIMINAL PETITION IS FILED U/S.482 OF BNSS, Karnataka, Dharwad Bench PRAYING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL, ORDERING THE RESPONDENT POLICE TO RELEASE THE PETITIONER (ACCUSED NO.1) IN THE EVENT OF HIS ARREST IN GADAG TOWN PS CRIME NO.138/2022 REGISTERED ON 17.11.2022, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955, AND SECTION 18 OF THE ESSENTIAL CONTROL PDS ACT IS PENDING ON THE FILE OF JMFC 1^ST COURT GADAG, IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

This criminal petition is filed by the petitioner/accused No.1 under Section 438 of the Code of criminal procedure (Cr.P.C.)/482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS), seeking to enlarge the petitioner/accused No.1 on bail, with the following prayer:

“PRAYER WHEREFORE, the Petitioner most respectfully praythat;

This Hon’ble Court be pleased to allow the petition and grant anticipatory bail, ordering the Respondent Police to release the Petitioner (Accused No.1) in the event of his arrest in Gadag Town PS Crime No. 138/ 2022 registered on 17.11.2022, for the offence punishable under Sec. 3 and 7 of The Essential Commodities Act, 1955, and Sec. 18of the Essential Control PDS Act, in pending on the file of JMFC 1^st Court, Gadag, in the interest of justice and equity.”

2. It is the brief case of prosecution as per the FIR, complaint and charge sheet materials that the petitioner/accused No.1 in the process of transporting of

733 Kg. of rice meant for public distribution under the public ration system was found in possession of the same; and therefore, 733 kg of rice and a Bajaj Maxima vehicle were seized by the Police under the provisions of Essential Commodities Act, 1955 (for short ‘the EC Act, 1955) for the offences alleged above.

3. Heard the learned counsels appearing on behalf of the petitioner/accused No.1 and learned HCGP appearing on behalf of respondent/State.

4. Learned counsel for the petitioner/accused No.1 submitted that the petitioner/accused No.1 is a minor boy of 17 years, the value of the rice is Rs.16,859/- and the worth of the Bajaj Maxima vehicle is Rs.3,00,000/-. It is further submitted that the offences are neither punishable with death nor punishable with imprisonment for life. Therefore, prays to allow the petition by granting bail to petitioner.

5. Learned HCGP appearing on behalf of the respondent/State opposed for grant of bail and prays to dismiss the petition.

6. Upon considering the FIR, complaint and charge sheet materials, it is noted that during the course of investigation, notice has been issued to the petitioner/accused No.1 under Section 41(A) of BNSS, 2023, and the petitioner/accused No.1 was present before the Investigating Officer and the IO has conducted the investigation. Furthermore, the petitioner/accused No.1 is a minor boy of 17 years old and the property worth is Rs.16,859/- and the vehicle worth is Rs.3,00,000/-. Hence, this Court, without expressing any opinion on the merits involved in the case, holds that the petitioner/accused No.1 is liable to be enlarged on anticipatory bail as prayed for.

Thus, the petition is liable to be allowed.

7. In the result, I proceed to pass the following:

ORDER

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