- 1 - HC-KAR NC: 2025:KHC-D:9775 CRL.P No. 102893 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102893 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. SRI. MAIBUB S/O HASANSAB ZARE, AGE: 27 YEARS, OCC: BUSINESS, R/O: MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-583 119. 2. SRI. PAPACHAND S/O ABDULSAB MUDHOL, AGE: 50 YEARS, OCC: BUSINESS, R/O: MUDHOL, TQ: JAMKHANDI, DIST: BAGALKOT-583 119. … PETITIONERS (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD, THROUGH JAMAKHANDI RURAL P.S., DIST: DHARWAD-580 008. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONERS/ACCUSED NOS.1 AND 2 ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.43/2024 REGISTERED BY JAMKHANDI RURAL POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3 AND 7(2) OF ESSENTIAL COMMODITIES ACT 1955 AND PENDING INVESTIGATION AND TRIAL PENDING BEFORE THE PRL. CIVIL AND JMFC, JAMAKHANDI. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9775 CRL.P No. 102893 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 and 2 in Crime No.43 of 2024 registered by Jamakandi Rural Police Station, Bagalkote district for offences punishable under Sections 3 and 7(2) of Essential Commodities Act, 1955, are before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioners. 3. FIR in Crime No.43 of 2024 was registered by Jamakhandi Rural Police Station, Bagalkote for the aforesaid offences against petitioners and two others based on the first information dated 21.04.2024 received from Manjunat Dodamani, Food Inspector, Jamakandi. Apprehending arrest in the case, petitioners had filed Criminal Miscellaneous No.5090/2025 before the Jurisdictional Court which was rejected on 26.05.2025. Therefore, petitioners are before this Court. 4. Learned HCGP fairly submits that during the course of investigation, all the accused in the present case had - 3 - HC-KAR NC: 2025:KHC-D:9775 CRL.P No. 102893 of 2025 appeared before the Investigation Officer and their statement has been recorded. After completing investigation, charge sheet has already been filed in the present case. 5. The Hon'ble Supreme Court in the case of Siddharama Satlingappa Mhetre vs. State of Maharashtra1 has observed that if the material reflects that the accused persons have participated during the course of investigation, in normal circumstances, the plea made by such accused for grant of anticipatory bail needs to be entertained. Undisputedly, petitioners have no criminal antecedents and they have co-operated with the Police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. Under the circumstances, the following: ORDER The petition is allowed. 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.43 of 1 (2011) 1 SCC 694 - 4 - HC-KAR NC: 2025:KHC-D:9775 CRL.P No. 102893 of 2025 2024 registered by Jamakandi Rural Police Station, Bagalkote district for offences punishable under sections 3 and 7(2) of Essential Commodities Act, 1955, subject to the following conditions: i. The petitioners 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/- each with two sureties for the like sum to the satisfaction of the Investigating Officer. ii. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. 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. iv. The petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 34