- 1 - NC: 2025:KHC:15769 CRL.P No. 5074 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5074 OF 2025 BETWEEN: VIJAYA NAIK S/O SHEENA NAIK AGED ABOUT 44 YEARS R/A. 2-373, VARAHI ROAD KUNDAPURA TALUK, SIDDAPURA UDUPI, KARNATAKA - 576 229. …PETITIONER (BY SRI M.S. SHYAMSUNDAR, SR. COUNEL FOR SRI SUNIL KUMAR S, ADV.) AND: STATE OF KARNATAKA BY SHANKARANARAYANA P.S (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, BANGALORE - 560 001) …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO DIRECT THE RESPONDENT POLICE/SHANKARANARAYANA P.S TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.27/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 303(2), 112 OF BNS, 2023, SECTIONS 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955, AND SECTION 23 OF PETROLEUM ACT, 1934 WHICH IS NOW PENDING ON THE FILE OF LEARNED PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT, KUNDAPURA, UDUPI DISTRICT. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15769 CRL.P No. 5074 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.27/2025 registered by Shankaranarayana Police Station, Udupi, for the offences punishable under Sections 303 (2) and 112 of BNS, 2023, Sections 3 and 7 of the Essential Commodities Act, 1955 and Section 23 of the Petroleum Act, 1934, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.27/2025 was registered by Shankaranarayana Police Station, Udupi, for the aforesaid offences against the petitioner and one Sri. Jayaram, based on the first information dated 10.03.2025 received from H. D. Kulkarni, Dy. SP, attached to Shankaranarayana Police Station, Udupi. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.593/2025 before the jurisdictional Sessions Court, which was rejected on 25.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:15769 CRL.P No. 5074 of 2025 4. A perusal of the material on record would go to show that based on credible information received, first informant along with his staff had raided the spot where accused No.2 was committing theft of diesel from a parked tanker. Accused No.2 was apprehended at the spot and the diesel of which he had committed theft totally worth about Rs.68,000/- was seized under a mahazar. It appears that during the course of interrogation, accused No.2 had revealed that he intended to hand over the diesel of which theft was committed by him to the petitioner herein. It is under these circumstances, petitioner is arraigned as accused in the present case solely based on the confession statement made by co-accused, who has been arrested in the present case. Petitioner has undertaken to cooperate with the police for the purpose of investigation. The alleged offences are neither punishable with death nor with life imprisonment. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.27/2025 - 4 - NC: 2025:KHC:15769 CRL.P No. 5074 of 2025 registered by Shankaranarayana Police Station, Udupi, for the offences punishable under Sections 303 (2) and 112 of BNS, 2023, Sections 3 and 7 of the Essential Commodities Act, 1955 and Section 23 of the Petroleum Act, 1934, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN