Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19981 CRL.P No. 6866 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6866 OF 2025 BETWEEN:
SRI GAGAN D.V S/O VENKTESH AGED ABOUT 24 YEARS R/AT DODDATHAMMANHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT. …PETITIONER (BY SRI M.N. RAMESHA, ADV.) AND:
THE STATE OF KARNATAKA BY TOWN POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.27/2025 BY THE TOWN POLICE CHIKKABALLAPURA, FOR THE OFFENCES P/U/S 7,3 OF ESSENTIAL COMMODITIES ACT, 1955, U/S 3,4,5,6,7 OF LIQUIFIED PETROLEUM GAS SUPPLY AND CONTROL ORDER, 2000, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) AND CJM COURT, CHIKKABALLAPURA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:19981 CRL.P No. 6866 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.1 in Crime No.27/2025 registered by Chickballapura Town Police Station, Chikkaballapura, for the offences punishable under Sections 3 & 7 of Essential Commodities Act, 1955, and Sections 3, 4, 5, 6, 7 of Liquified Petroleum Gas Supply & Control Order, 2000, 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 Chickballapura Town Police Station, Chikkaballapura, for the aforesaid offences punishable against the petitioner and another based on the first information dated 13.03.2025 received from Manjunatha - Police Inspector. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.160/2025 before the jurisdictional Sessions Court, which was rejected on
09.04.2025. Therefore, he is before this Court. - 3 -
HC-KAR NC: 2025:KHC:19981 CRL.P No. 6866 of 2025
4.
Perusal of the material on record would go to show that based on the credible information received, the first informant had conducted a raid to the alleged spot where accused no.1 - petitioner was illegally re-filling gas cylinders and on inquiry, accused no.1 informed the first informant that accused no.2 was the person who was supplying the gas cylinders to him. It is under these circumstances, first information was registered against accused nos.1 & 2. 5. Accused no.2 has been granted anticipatory bail by the jurisdictional Sessions Court in Crl. Misc. No.160/2025. Undisputedly, the petitioner was present at the spot of crime when the first informant had raided the said place, and according to the prosecution, on inquiry, he had informed the first informant that it was the accused no.2 who was supplying gas cylinders to him. However, on the said date, the first informant had not arrested the petitioner. Investigation of the case is completed and charge sheet has been filed. The alleged offences are triable by the Court of Magistrate. Petitioner has no other criminal antecedents. He has undertaken to cooperate before the Trial Court. Therefore, I am of the opinion that
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HC-KAR NC: 2025:KHC:19981 CRL.P No. 6866 of 2025
petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order:
6. 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 registered by Chickballapura Town Police Station, Chikkaballapura, for the offences punishable under Sections 3 & 7 of Essential Commodities Act, 1955, and Sections 3, 4, 5, 6, 7 of Liquified Petroleum Gas Supply & Control Order, 2000, 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
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HC-KAR NC: 2025:KHC:19981 CRL.P No. 6866 of 2025
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
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