- 1 - HC-KAR NC: 2025:KHC-D:14180 CRL.P No. 103988 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103988 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SOMASHEKHAR BUDDANNANAVAR SON OF RAMANGOUDA, AGED ABOUT 32 YEARS, OCC. GODOWN MANAGER, R/O. KANAKAPUR VILLAGE-583283, KANAKAGIRI TALUKA OF KOPPAL DISTRICT. …PETITIONER (BY SRI. MANJUNATH KARIGANNAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA, BY PSI GANGAVATI TOWN POLICE STATION, GANGAVATI, DISTRICT KOPPAL, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580007. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR RESPONDENT) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14180 CRL.P No. 103988 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., (482 OF BNSS), PRAYING TO, ALLOW THIS CRIMINAL PETITION UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE AND SECTION 482 OF BNSS 2023 DIRECTING THE RESPONDENT TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN GANGAVATHI TOWN POLICE STATION CRIME NO.0179/2025, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, GANGAVATHI, DIST. KOPPAL, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION-3 AND 7 OF ESSENTIAL COMMODITIES ACT, WITH SUCH CONCILIATIONS DEEMED FIT TO BE IMPOSED IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is arrayed as accused no.1 in Crime No.179/2025 of the respondent-police for the offences under Sections 3 and Section 7 of the Essential Commodities Act, 19551. Brief facts of the case: 2. The case of the prosecution is that on 25.08.2025, the complainant on receiving the information that the accused were the workers of KFCSC were sending 1 For short, ‘the E.C. Act’ - 3 - HC-KAR NC: 2025:KHC-D:14180 CRL.P No. 103988 of 2025 the rice to Shree Umashankar Rice Mill as per the directions issued by the Deputy Commissioner of the said district. However, the officials instead of sending 168.40 quintals, they were sending 250 quintals. 3. The lorry was seized, the rice was weighed through weighing machine, it was weighing 250 quintals. Immediately, the godown was seized and case has been registered against the officials of the godown. 4. The present petitioner who is arrayed as accused No.1 was working as godown manager. Therefore, the petitioner is before this Court seeking for anticipatory bail. 5. Heard Sri. Manjunath Karigannavar, learned counsel for the petitioner and Sri. Praveen Y. Devaraddi, learned High Court Government Pleader for respondent- police and perused the averments of the complaint. 6. It is submission of the learned counsel for the petitioner that, the petitioner was on leave as on the date of the alleged incident and he had handed over the keys to Assistant Manager. Even though he was on leave, a false - 4 - HC-KAR NC: 2025:KHC-D:14180 CRL.P No. 103988 of 2025 case has been registered against him. Therefore, he may be enlarged on bail by imposing suitable conditions. 7. Per contra, the learned High Court Government Pleader for respondent –State submitted that though he was on bail, he was responsible for the affairs of the godown. The rice of 168.40 quintals was to be given to the rice mill by the godown. However, 250 quintals rice was being transported contrary to the order of the Deputy Commissioner. Merely because the petitioner was on leave is not sufficient to grant him bail. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, as on the date of the alleged incident occurred, the petitioner was on leave, therefore, it is appropriate to grant him anticipatory bail without adverting to the merits of the case. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. - 5 - HC-KAR NC: 2025:KHC-D:14180 CRL.P No. 103988 of 2025 (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.179/2025 of respondent-police on executing a personal bond for a sum of Rs.1,00,000/- with one surety to the satisfaction of the Investigating Officer. (iii) The petitioner shall co-operate with the investigation till filing of the charge sheet. (iv) The petitioner shall not tamper the prosecution witness. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM / CT: UMD List No.: 1 Sl No.: 23