- 1 - HC-KAR NC: 2025:KHC-D:10538 CRL.P No. 103099 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103099 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SHRI HYDARALI S/O AMEEN SAB, AGE. 23 YEARS, OCC. COOLIE, R/O. WARD NO.5, KILLA AREA, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL-583 239. … PETITIONER (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GANGAVATHI TOWN P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 001. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO ALLOW THIS PETITION AN ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.129/2025 REGISTERED BY TOWN P.S. GANGAVATHI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT-1955, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR. DN.) AND JMFC COURT GANGAVATHI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10538 CRL.P No. 103099 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Crime No.129 of 2025 registered by Gangavathi Town Police Station, Koppal District, for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 is before this Court under Section 482 of BNSS 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing on both parties. 3. FIR in Crime No.129 of 2025 was registered by Gangavathi Town Police Station, Koppal District for the aforesaid offences against the petitioner herein, based on the first information dated 21.06.2025 received from Smt. Nagarathna K, Food Inspector, Gangavathi, Koppal District. Apprehending arrest in the case, petitioner had filed Criminal.Mis.No.160 of 2025 before the Jurisdictional Sessions Court, which was rejected on 07.07.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:10538 CRL.P No. 103099 of 2025 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Learned HCGP has opposed the petition. 6. Petitioner is a youngster aged about 23 years. Undisputedly, he has no other criminal antecedent. Allegation in the first information is that the first informant had received credible information on 14.05.2025 at about 09.00 p.m, about storage of rice meant for public distribution in a shed near Chandrahasa talkies within the jurisdiction of Gangavathi Town police. On receipt of such information, the first informant along with panchas had conducted a raid to the shed, in which rice was illegally stored and had seized 10.25 quintals of rice, which were found in 41 bags, under a Panchanama. It is stated that the seized rice was worth of Rs. 34,850/-. Petitioner allegedly had taken the shed in which the rice was found on lease. However, there is no material to support the said allegation against the petitioner. Petitioner who has no other criminal antecedent has undertaken to cooperate with the police for the purpose of investigation. - 4 - HC-KAR NC: 2025:KHC-D:10538 CRL.P No. 103099 of 2025 7. Considering the aforesaid aspects of the matter, I am of the opinion that prayer for grant of anticipatory bail needs to be answered affirmatively. 8. Accordingly, the following:- ORDER 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.129 of 2025 registered by Gangavathi Town Police Station, Koppal District, for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, subject to the following conditions: i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with - 5 - HC-KAR NC: 2025:KHC-D:10538 CRL.P No. 103099 of 2025 the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK LIST NO.: 1 SL NO.: 23