- 1 - HC-KAR NC: 2025:KHC:32077 CRL.P No. 10543 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 10543 OF 2025 BETWEEN: SRI SHIVA SWAMY S/O LATE NAGANNA AGED ABOUT 46 YEARS R/AT, LINGAYATHARA BEEDI HOSA MALANGI VILLAGE KASABA HOBALI, KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT- 571 442. …PETITIONER (BY SRI VEERABHADRA SWAMY H P, ADVOCATE) AND: THE STATE OF KARNATAKA BY AGARA-MAMBALI POLICE STATION YELANDURU CIRCLE, CHAMARAJANAGARA DISTRICT REPT.BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI K NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.No.80/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT 1955. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32077 CRL.P No. 10543 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. Crime No.80/2025 of Mambali Police Station, Chamarajanagar is registered against the petitioner for the offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 3. Complaint is lodged by the Food Inspector, Taluk Office, Kollegal alleging that he received a credible information that rice supplied for public distribution has been illegally stocked in front of the house of the petitioner and on receiving the said information, he along with the food Shirastedar and two Panchas went to the spot at about 08.00 p.m on 31.05.2025 and seized 27 rice bags weighing 1310 kgs, valued at Rs.28,820/- stored in front of the house of the petitioner. - 3 - HC-KAR NC: 2025:KHC:32077 CRL.P No. 10543 of 2025 4. Apprehending his arrest, petitioner filed a petition seeking anticipatory bail before the learned Sessions Judge, which was dismissed by an order dated 23.06.2025 in Crl.Misc No.237/2025. 5. Learned HCGP contended that petitioner has illegally stocked the rice bags, which was meant for public distribution. Hence, in view of prima facie case against him, he is not entitled for anticipatory bail, as he is required for custodial interrogation. 6. Learned counsel for petitioner submitted that petitioner is innocent of the alleged offence and mere fact that the rice bags were found outside the house of the petitioner, itself is not a ground to hold that the same were stocked by the petitioner. He submits that the petitioner is ready and willing to co-operate with the investigation of the case and abide by any conditions, which may be imposed by the Court. 7. As per complaint averments, the person who was present at the spot ran away after seeing the complainant - 4 - HC-KAR NC: 2025:KHC:32077 CRL.P No. 10543 of 2025 and other officials. The rice bags were found outside the house of the petitioner. Learned counsel submits that, petitioner is not the owner of the rice bags and he is not claiming the rice bags. According to the prosecution the person who ran away from the spot is the petitioner. The same has to be investigated into and established in due course. The offence alleged is not punishable with death or imprisonment for life. The petitioner has undertaken to co- operate with the investigation of the case. Hence, by imposing necessary conditions, relief sought in the petition can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused in Crime No.80/2025 registered by Agra-Mambali Police Station, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall - 5 - HC-KAR NC: 2025:KHC:32077 CRL.P No. 10543 of 2025 execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with a solvent surety for the likesum. b) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 31