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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF DECEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

CRIMINAL PETITION No.8424/2021

BETWEEN

SHAMANTH B.M.

S/O B.P. MAHESH,

AGED ABOUT 32 YEARS,

R/AT NO.810, 14TH MAIN,

13TH CROSS, A SECTOR,

YALAHANKA NEW TOWN,

BENGALURU NORTH,

BENGALURU-560064.

…PETITIONER

(BY SRI. PRASANNA KUMAR P.S., ADVOCATE)

AND

THE STATE OF KARNATAKA

BY TAVAREKERE POLICE STATION,

MAGADI SUB-DIVISION,

REP BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA BUILDING,

OPP. VIDHANA SOUDHA,

DR AMBEDKAR VEEDHI,

BENGALURU-560001.

…RESPONDENT

(BY SRI. MAHESH SHETTY, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438

OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO

ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS

ARREST

IN

CR.NO.314/2021

OF

TAVAREKERE

P.S.,

RAMANAGARA

FOR

THE

OFFENCES

PUNISHABLE

UNDER

SECTIONS 3, 6(A), 7 OF ESSENTIAL COMMODITIES ACT 1955

SEC.4, 8, 3(2)(1), 6 OF KARNATAKA ESSENTIAL COMMODITIES

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(STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION)

ORDER 1981 SECTIONS 3, 4, 12, 18, 19 OF KARNATAKA

ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM)

PUBLIC CONTROL ORDER 2016 AND SEC.120-B, 420, 468, 477,

463, 464 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner-accused No.3

under Section 438 of Cr.P.C. seeking anticipatory bail in

Crime No.314/2021 registered by Tavarekere Police

Station, for the offences punishable under Sections 7, 3,

6(A) of Essential Commodities Act, 1955, Sec.4, 8,

3(2)(i), 6 Of Karnataka Essential Commodities (Storage

Accounts Maintaining Value Notification) Order 1981,

Sections 3, 4, 12, 18, 19 of Karnataka Essential

Commodities (Public Distribution System) Public Control

Order 2016, and Sections 120-B, 420, 468, 477, 463, 464

of Indian Penal Code, 1860.

2.

Heard learned counsel for the petitioner and

learned

High

Court

Government

Pleader

for

the

respondent-State.

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3.

The case of the prosecution is that on the

complaint of one Dr. K. Rameshwarappa, Joint Director of

Food and Civil Supply and Consumer Affairs, the police

have registered the aforesaid case on 23.09.2021. It is

alleged in the complaint that on credible information, the

complainant along with three members raided godown of

accused

NO.1

at Sy. No.39

of

Seegehalli

village,

Kodigehalli Panchayath Limits, Bengaluru North Taluk.

They found that accused No.1 has illegally stored 482.67

quintals of rice, ragi and wheat worth of Rs.12,27,400/-

and these food grains were to be distributed to public. The

complainant also found a lorry parked in front of the

godown, which was said to be belonged to the petitioner.

Therefore, the police registered a case against accused

No.1 and arrested him. During investigation, it was

revealed that the petitioner was RC owner of lorry NO.KA-

29/7688. The petitioner apprehending arrest in the hands

of the Police approached the Sessions Judge for bail, which

came to be rejected. Hence, he is before this Court.

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4. Having heard learned counsel for the parties and

the document produced by the learned counsel for the

petitioner, it reveals that the complainant raided the

godwon of accused No.1 and seized food grains and also

the lorry that was parked in front of the godown. On

enquiry, accused No.1 admits that the lorry belongs to

them. Learned counsel for the petitioner submits that

though the petitioner was the previous RC owner of the

lorry, but was sold the same to one Bharath S, who is the

son of accused No.1 on 22.01.2020 and executed delivery

note, but the name of the petitioner in the RC was not

transferred. Therefore, the name of this petitioner is

appeared and his name was wrongly implicated as

accused. The document produced by the learned counsel

also reveals the same. Accused No.1 has also stated and

admitted