Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 26480 (KAR)

SAIYAD FHARMAN AHAMED v. THE STATE OF KARNATAKA

CRL.P/6913/2025 · 2025-06-04

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:18943 CRL.P No. 6913 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6913 OF 2025 BETWEEN: 1. SAIYAD FHARMAN AHAMED S/O LATE SAIYAD ABDUL JABBAR AGED ABOUT 45 YEARS R/AT NO.12/20 OWN HOUSE K.P. MOHALLA, CHAMRAJANAGAR CHMARAJANAGAR DISTRICT - 571 313. 2. SAIYAD SHAJAN JABBAR S/O SAIYAD FHORKHAN AHAMAD AGED ABOUT 27 YEARS R/AT NO.12/20, K.P. MOHALLA BEHIND K.S.R.T.C. BUS STAND CHAMRAJANAGAR, CHMARAJANAGAR DISTRICT - 571 313. …PETITIONERS (BY SRI MANJUNATHA P.V, ADV.) AND: THE STATE OF KARNATAKA REPTD. BY CHAMRAJANAGAR TOWN POLICE STATION, CHAMRAJNAGARA NOW REPRESENTED BY ITS S.P.P. HIGH COURT OF KARNATAKA BENGALURU- 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS (ACCUSED NO.1 AND ACCUSED NO.2) ON ANTICIPATORY BAIL IN CRIME NON52/2025 REGISTERED WITH CHAMRAJANAGARA, TOWN POLICE STATION, CHAMRAJANAGARE, COMING UNDER JURISDICTION OF ADDL CILVIL Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18943 CRL.P No. 6913 of 2025 JUDGE (SR.DN) AND CJM, CHAMRAJANAGARA, FOR THE O/P/U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 & 2 in Crime No.52/2025 registered by Chamarajanagara Town Police Station, Chamarajanagara District for the offences punishable under Sections 3 & 7 of the Essential Commodities Act, 1955 are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.52/2025 was registered by Chamarajanagara Town Police Station, Chamarajanagara District against the petitioners herein on the basis of first information dated 24.03.2025 received from Sri B N Vinu S/o Ninganayaka. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.119/2025, which was - 3 - HC-KAR NC: 2025:KHC:18943 CRL.P No. 6913 of 2025 rejected on 23.04.2025. Therefore, they are before this Court. 4. In the first information dated 24.03.2025 submitted by the Sheristedar of Taluk office, Chamarajanagar Taluk, it is averred that, on 24.03.2025 at about 3.p.m, he had received a information from the police officer that the petitioners had stored the rice meant for public distribution in their shop and shed and on receipt of such information from the police, the first informant along with his staff had conducted a raid to the shop premises and shed belonging to the petitioners and from the shop 45 bags of rice totally weighing 1614 kg was seized and from the shop of the petitioners rice totally weighing 873.35 kg was seized and seized articles were subjected to panchanama and thereafter FIR was registered against the petitioners. 5. Learned counsel for the petitioners pursuant to the order passed by this Court on 29.05.2025 has produced the bills, under which the petitioners have - 4 - HC-KAR NC: 2025:KHC:18943 CRL.P No. 6913 of 2025 purchased the aforesaid rice and perusal of the bills would go to show that, the petitioners had purchased rice from Kavi Basaveshwar Traders, Kollegala, Chamarajanagara District on 15.03.2025, 17.03.2025 & 19.03.2025 respectively. Under the aforesaid bills, totally 70 bags of rice weighing 50 kg each was purchased by the petitioners. 6. Be that as it may, the petitioners do not have any criminal antecedents. The petitioners have undertaken to cooperate with the police for the purpose of investigation. The alleged offences are neither punishable with death nor with life imprisonment. Under these circumstances, I am of the opinion that, the petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. 7. Accordingly, the following: ORDER The Criminal Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:18943 CRL.P No. 6913 of 2025 The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.52/2025 registered by Chamarajanagara Town Police Station, Chamarajanagara District for the offences punishable under Sections 3 & 7 of the Essential Commodities Act, 1955 subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co- operate with the Police for investigation and appear before them whenever called upon. - 6 - HC-KAR NC: 2025:KHC:18943 CRL.P No. 6913 of 2025 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS