IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 12^TH DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.100278/2021

BETWEEN:

1.

MUTTANNA A., S/O.A. GURULINGAPPA,

AGE-36 YEARS, OCC-AGRICULTURIST,

R/O.HANAVAL, KARATAGI,

TQ- GANGAVATHI, DIST-KOPPAL-583 231.

2.

SHABBIR KHAN S/O. AJJAZ KHAN,

AGE-36 YEARS, OCC-DRIVER,

R/O.PLOT NO.741, BEHIND MASIDI AZAD NAGAR,

TQ-MANDYA, DIST-MANDYA-571 401.

.... PETITIONERS

(BY SRI B.C.JNANAYYASWAMI, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

(THROUGH KUDUTHINI P.S.)

REPRESENTED BY ITS

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENCH AT DHARWAD-580 001.

.. .. RESPONDENT

(BY MS. SEEMA SHIVA NAIK, HCGP)

THIS PETITION IS FILED UNDER SECTION 438 OF CR.P.C. AND

PRAYED TO ALLOW THIS PETITION, GRANT ANTICIPATORY BAIL AND

2

DIRECT

THE

RESPONDENT

POLICE

TO

ENLARGE

THE

PETITIONERS/ACCUSED NO.2 AND 4 ON BAIL IN THE EVENT OF THEIR

ARREST IN CRIME NO.131/2020 REGISTERED BY KUDUTHINI POLICE

STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3, 6(A)

AND 7 OF ESSENTIAL COMMODITIES ACT, 1955 AND UNDER

SECTIONS 3, 4, 12, 18 AND 19 OF KARNATAKA ESSENTIAL

COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL

ORDER 2016 AND UNDER SECTIONS 3(2)(i), 4, 6 AND 8 OF

KARNATAKA

ESSENTIAL

COMMODITIES

(STORAGE

ACCOUNTS

MAINTAINING VALUE NOTIFICATION) ORDER 1981 AND SECTION 420

OF IPC PENDING INVESTIGATION AND TRIAL, IN SO FAR AS THIS

PETITIONERS ARE CONCERNED, IN THE INTEREST OF JUSTICE.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT

MADE THE FOLLOWING:

O R D E R

This petition is filed by the petitioners/accused Nos.4 and 2

under Section 438 of Cr.P.C. for granting anticipatory bail in Crime

No.131/2020 registered by Kuduthini Police Station for the offences

punishable under Sections 3, 6(A) and 7 of Essential Commodities

Act, 1955 and under Sections 3, 4, 12, 18 and 19 of Karnataka

Essential Commodities (Public Distribution System) Public Control

Order 2016 and under Sections 3(2)(i), 4, 6 and 8 of Karnataka

Essential

Commodities

(Storage

Accounts

Maintaining

Value

Notification) Order 1981 and Section 420 of IPC.

2. It is the case of prosecution that on the credible information

complainant-Sri Ravikumar Rathod who is the Food Sheristedar

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along with panchas by obtaining the permission of Deputy

Commissioner and Tahasildar went to a suspected area along with

PSI Kuduthini Police Station and his staff and in one open place near

the Sultanpur Road, where they found that one lorry was standing,

after searching the lorry, it revealed it was loaded by PDS rice and

they conducted the raid and seized nearly 340 plastic bags more

than 153 quintals worth `3,97,800/- from the spot. On verification

of the said rice bags, they found they were the rice bags pertains to

the Government PDS Scheme and other Government various

Schemes. Immediately they arrested the accused No.1 on the spot.

The petitioner No.2/accused No.2 who said to be sitting on the seat

of driver of the lorry after seeing the complainant and his team he

ran away from the spot and on enquiry, the accused No.4/ petitioner

No.1 said to have owner of the said lorry and the accused

No.2/petitioner No.2 said to be the driver of lorry as per the

information given by the accused No.1. The police making attempt

to arrest the petitioners, hence they approached the Sessions Court

for granting anticipatory bail, which came to be rejected.

Accordingly, they are before this Court.

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3. Learned counsel for the petitioners has contended that the

petitioners/accused Nos.4 and 2 are innocent of the offences alleged

and they are falsely implicated in this case. They are not aware

about the anything except the lorry was sent by the accused No.4

and accused No.2 was the driver of the said lorry. They were not

aware about the rice bags which were kept