IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 6^TH DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO. 101389/2021

BETWEEN:

BHASKAR G

S/O. VENKATESH G

AGE: 27 YEARS

OCC: BUSINESS

R/O. NO.29, SRINIVASA NILAYAM

SHOP LINE, M.K. NAGAR

CONTONMENT

BALLARI – 583 101

…PETITIONER

(BY SRI. B. ANWAR BASHA, ADVOCATE)

AND:

THE STATE OF KARNATAKA

THROUGH RURAL PS, BALLARI

REPRESNTED BY ITS

STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

AT DHARWAD - 580 001.

…RESPONDENT

(BY SRI.RAMESH B. CHIGARI, HCGP)

THIS PETITION IS FILED UNDER SECTION 438 OF Cr.P.C

PRAYING

TO

ALLOW

THE

PETITION

AND

ENLARGE

THE

PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN CRIME

NO.163/2021 REGISTERED BY RURAL POLICE STATION, BALLARI,

FOR THE OFFENES PUNISHABLE UNDER SECTIONS ESSENTIAL

COMMODITIES ACT, 1955 (U/S.7, 3), KARNATAKA ESSENTIAL

COMMODITIES PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL

ORDER, 2016 (U/S 3, 4, 12, 18, 19) KARNATAKA ESSENTIAL

COMMODITIES

STORAGE

ACCOUNTS

MAINTAINING

VALUE

NOTIFICATION ORDER 1981 (3, 2(1), 4 6, 8) PENDING BEFORE

ADDITIONAL CIVIL JUDGE AND JMFC BALLARI.

2

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

The petitioner has filed this petition under Section 438

of Cr.P.C. seeking anticipatory bail in the event of his arrest

in Crime No.163/2021 on the file of the Rural Police Station,

Ballari, registered for the offences punishable under Sections

3 and 7 of the Essential Commodities Act, 1955; under

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

Commodities (Public Distribution System) Public Control

Order, 2106 and Sections 3(2)(i)(6), 4 & 8 of the Karnataka

Essential Commodities (Storage Accounts Maintaining Value

Notification Order, 1981, pending on the file of the Court of

Additional Civil Judge and JMFC, Ballari.

2.

The brief facts leading to this case are that, on

01.06.2021 in the early morning, the Tahsildar has passed

an information to the complainant that the rice released by

the Government under various PDS Schemes, is stored in a

room adjoining to the house of one Jayamma, wife of Late

Nagareddy, situated in Siraguppa Road, Ballari and then the

complainant along with his staff with the assistance of police,

3

raided the said room and found that, in the said room 114

bags of each 40 Kgs. Rice bags were stored, which was

released under various PDS Schemes by the Government,

and on enquiry, the owner Smt. Jayamma reported that,

she had let the room to the present petitioner on rent and

the rice was stored by him without her knowledge. The

police have seized the rice by drawing a mahazar and the

sample was also taken and in this regard, a complaint came

to be lodged.

3.

The petitioner apprehending his arrest at the

hands of the jurisdictional police, has approached the

Principal

District

and

Sessions

Judge

in

Crl.

Misc.No.390/2021 seeking anticipatory bail and the learned

Sessions Judge by order dated 18.06.2021 rejected the bail

petition. Thereafter, the petitioner has approached this

Court.

4.

Heard the arguments advanced by the learned

counsels appearing on both sides and perused the records.

5.

Learned counsel for the petitioner would submit

that the petitioner is innocent and he has not committed any

4

offences, as alleged. He would also submit that the

petitioner is ready to co-operate with the Investigating

Agency and if he is arrested by rejecting his anticipatory bail

petition, it will be a stigma to him and he had no other

criminal antecedents in the society. He would also submit

the petitioner undertakes to abide by all the terms and

conditions to be imposed by this court. He would further

submit that the offences alleged are not punishable with the

sentence of death or imprisonment for life and hence, he

prayed for admitting the petitioner on ant