- 1 - HC-KAR NC: 2026:KHC:29237 CRL.P No. 5320 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5320 OF 2026 BETWEEN: SRI ASHOKA AGED ABOUT 40 YEARS, S/O. RAJEGOWDA, R/AT K. HOSAKOPPALU VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573201. …PETITIONER (BY SRI SIRI CHANDRA S., ADVOCATE) AND: STATE OF KARNATAKA KARNATAKA BY HASSAN RURAL POLICE STATION, HASSAN DISTRICT - 573201. REPRESENTED BY HIGH COURT PLEADER/SPP, HIGH COURT OF KARNATAKA …RESPONDENT (BY SMT RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A) ENLARGE THE PETITIONER ON BAIL AND DIRECT THE RESPONDENT POLICE THAT IN THE EVENT OF ARREST OF THE PETITIONER IN CONNECTION WITH CRIME NO.0043/2026 FOR THE ALLEGED OFFENCES MENTIONED THEREIN, WHICH IS REGISTERED IN THE RESPONDENT POLICE STATION, THE PETITIONER SHALL BE RELEASED ON BAIL FORTHWITH AND ETC. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29237 CRL.P No. 5320 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner who is apprehending arrest in Crime No.43/2026 registered by Hassan Rural Police Station, Hassan for offences punishable under Sections 303(1), 318(4), 316(5) and 3(5) of The Bharatiya Nyaya Sanhita, 2023 ('BNS, 2023') and Sections 3 and 7 of Essential Commodities Act, 1955 is before this Court in this petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for respondent -State. 3. FIR in Crime No.43/2026 was registered by Hassan Rural Police Station, Hassan for the aforesaid offences against the petitioner and others, based on the first information dated 09.02.2026, received from Channe Gowda, Police Officer attached to Hassan Rural Police Station. - 3 - HC-KAR NC: 2026:KHC:29237 CRL.P No. 5320 of 2026 4. Apprehending arrest in the said case, the petitioner had filed Criminal Misc.No.171/2026 before the jurisdictional Sessions Court which was dismissed on 12.03.2026. Therefore, the petitioner is before this Court. 5. In the first information which is submitted by the Police Officer attached to Hassan Rural Police Station, he has stated that on 09.02.2026 at about 04.00 p.m., when he was in the Police Station, he received credible information from reliable sources that some persons were making attempt to commit theft of diesel and petrol from tanker lorries which were parked near plot No.228 of KIADB area in Hassan. Immediately thereafter, first informant along with the staff went to the said spot and found tyre marks of heavy vehicles near plot No.228 of KIADB area. When the first informant went near, some persons who were present there allegedly ran away from the spot and he subsequently came to know that one amongst them was the petitioner herein. It is under these circumstances, FIR was registered against the petitioner and others based on the first information received from Police Officer attached to Hassan Rural Police Station. - 4 - HC-KAR NC: 2026:KHC:29237 CRL.P No. 5320 of 2026 6. Learned counsel for the petitioner has produced certain documents before this Court along with a memo which shows that petitioner is the registered owner of as many as seven lorry tankers. Undisputedly, he has no other criminal antecedents. 7. The first informant has not mentioned in his report as to how he came to know the name of the petitioner, who has been arrayed as accused No.1 in the FIR. Even if the allegations made in the first information are presumed to be true, the offences punishable under Sections 3 and Section 7 of the Essential Commodities Act, prima facie cannot be made out in the present case. The alleged offences registered under BNS 2023 are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of 7 years. Petitioner has undertaken to co-operate with the Police for the purpose of investigation. 8. Under the circumstances, I am of the opinion that, prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. - 5 - HC-KAR NC: 2026:KHC:29237 CRL.P No. 5320 of 2026 9. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The respondent - Police or any other Police in the State of Karnataka are directed to release the petitioner/accused in the event of his arrest in Crime No.43/2026 registered by Hassan Rural Police Station, Hassan for offences punishable under Sections 303(1), 318(4), 316(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 7 of Essential Commodities Act, 1955, subject to the following conditions: 1. The petitioner 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/- (One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless - 6 - HC-KAR NC: 2026:KHC:29237 CRL.P No. 5320 of 2026 exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 63