- 1 - HC-KAR NC: 2026:KHC:15975 CRL.P No. 1816 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1816 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. RAKESH. T. G. S/O T.V.GOVINDARAJU AGED ABOUT 33 YEARS R/O OF KONDAVADI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT – 572 175. …PETITIONER (BY SRI. BALAGANGADHARA G.S., ADVOCATE) AND: STATE OF KARNATAKA MADHUGIRI POLICE STATION TUMAKURU. REPRESENTED BY Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15975 CRL.P No. 1816 of 2026 STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT HIGH COURT BUILDINGS, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO KINDLY DIRECT THE RESPONDENT OF MADHUGIRI POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF PETITIONER BEING ARRESTED IN CONNECTION WITH CR.NO.9/2026, PENDING BEFORE THE LEARNED PRL. CIVIL JUDGE (SR.DN) AND CJM COURT, MADHUGIRI, TUMKURU DISTRICT, FOR THE OFFENCES P/U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955 AND TO GRANT ANTICIPATORY BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15975 CRL.P No. 1816 of 2026 ORAL ORDER 1. This Criminal Petition is filed by the petitioner who is arrayed as accused No.1 in Crime No.9/2026 filed by the respondent – Police for the offence punishable under Section 3 and 7 of the Essential Commodities Act, 1955 (for short EC Act). Factual matrix of the case: 2. The case of the prosecution is that on 14.01.2026, the Food Inspector had lodged a complaint stating that he had received an information that ragi has been stored illegally in the building situated adjacent to the Sri Anjaneya Swamy temple. On receiving the said information and on the same day, around 11.30 a.m., the complainant along with Sheristedar went to the said place, conducted search and seizure and they found that 56 gunny bags were found with logo of Government of Karnataka and also six white plastic bags were found in the said godown. Further, they conducted search of the - 4 - HC-KAR NC: 2026:KHC:15975 CRL.P No. 1816 of 2026 Ashok Leyland vehicle bearing registration No.KA-06-AA- 0577 which was standing in front of the said building. There they found 101 bags of ragi. In all, it is alleged that they found 157 Bags of ragi. Therefore, they seized the said ragi bags and registered a case against the petitioner and another. The respondent - Police after registering the case, conducting the investigation, the investigation is in progress. 3. Heard Sri. Balagangadhara G.S., learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent. 4. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and he has not committed any offences as alleged in the complaint. The complaint has been filed under the instigation of a person, who was not in good terms with the petitioner. - 5 - HC-KAR NC: 2026:KHC:15975 CRL.P No. 1816 of 2026 5. It is further submitted that the alleged ragi was not intended to be distributed to the beneficiaries. In fact, the said ragi has been purchased by the beneficiaries. The petitioner is the permanent resident of address as stated in the cause-title. The petitioner will abide by the conditions imposed by this Court in the event of his release on bail. Making such submission learned counsel for the petitioner prays to allow the petition. 6. Per Contra, learned High Court Government Pleader for respondent - State vehemently submitted that the complainant being a Government official had lodged a complaint stating that the petitioner and another had stored the ragi illegally, which is supposed to be given to the beneficiaries under the Government of Karnataka scheme to green card holders. The manner in which they had stored the ragi clearly would attract the provisions of E.C. Act, 1955. Therefore, the petitioner had committed heinous offence. Hence, the petitioner is not entitled for - 6 - HC-KAR NC: 2026:KHC:15975 CRL.P No. 1816 of 2026 any relief as prayed for. Hence, it is appropriate to reject the bail petition. 7. Heard learned counsel for the respective parties and perused the averments of the complaint. It appears from the record that the petitioner is stated to have stored the ragi which is supposed to be distributed to the beneficiaries under the Government of Karnataka scheme. When the complainant and his team enquired about the license or permit to store the said Ragi, the petitioner did not produce any documents. Hence, a case has been registered against the petitioner. However, the petitioner was not arrested by the officials. It appears that they let him to go out and to get him anticipatory bail. Having considered the inaction of the respondent officials, it is appropriate to grant him bail by imposing suitable conditions. 8. Hence, I proceed to pass the following: - 7 - HC-KAR NC: 2026:KHC:15975 CRL.P No. 1816 of 2026 ORDER i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.9/2026 filed by the respondent – Police for the offence punishable under Section 3 and 7 of the E.C. Act, 1955, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with (01) one surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall appear before the jurisdictional – Police within a period of one (01) month from the date of receipt of this order to execute personal bond and also to furnish surety. iv. The petitioner shall co-operate with investigation till filing of the charge sheet. - 8 - HC-KAR NC: 2026:KHC:15975 CRL.P No. 1816 of 2026 v. The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. vi. The petitioner shall appear before the Trial Court on all hearing dates, without fail. vii. The petitioner shall not commit any criminal cases till disposal of the case. In case, the petitioner violates any of the bail conditions mentioned above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. The Registry is directed to communicate this order to the jurisdictional Police, forthwith. Sd/- (S RACHAIAH) JUDGE NM