Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 28516 (KAR)

GURURAJ UPPIN., v. STATE REP. BY

CRL.P/7601/2026 · 2026-07-14

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:35703 CRL.P No. 7601 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7601 OF 2026 (438(Cr.PC) / 482(BNSS) ) BETWEEN: 1. GURURAJ UPPIN, S/O. SHEKHARAPPA UPPIN, AGED ABOUT 46 YEARS, R/AT : WARD NO.3, ITTIGE VILLAGE, RANEBENNURU TALUK, HAVERI DISTRICT-581115. 2. RAJABHAKSHI JAMAL SAB BENAKANAKONDA S/O. LATE JAMAL SAB, AGED ABOUT 23 YEARS, R/AT: NASVI VILLAGE., RATTIHALLI TALUK HAVERI DISTRICT- 581208 …PETITIONERS (BY SRI. KIRAN S.S., ADVOCATE FOR SRI. GURUPRASAD G K., ADVOCATE) AND: STATE REP. BY VIDYANAGARA POLICE STATION DAVANAGERE DISTRICT REPRESENTED BY S.P.P., Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35703 CRL.P No. 7601 of 2026 HIGH COURT PREMISES, BANGALORE-560001. …RESPONDENT (BY SMT.RASHMI JADHAV., ADDL. SPP) THIS CRL.P. IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THE ARREST OF THE PETITIONERS WHO ARE ACCUSED NO.1 AND 2 IN CR.NO.29/2026 REGISTERED FOR THE OFFENCE P/U/S 3,7 ESSENTIAL COMMODITIES ACT 1955 SEC.318(4) OF BNS 2023 AND SEC.18 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016 BEFORE THE VIDYANAGARA, P.S. BEFORE 1ST ADDL.(SR.DN) CIVIL JUDGE AND J.M.F.C, DAVANAGERE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime No.29/2026 registered by Vidyanagara Police Station, Davanagere, for the offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 18 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016, are before this Court - 3 - HC-KAR NC: 2026:KHC:35703 CRL.P No. 7601 of 2026 in this criminal petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.29/2026 was registered by Vidyanagara Police Station, Davanagere, for the aforesaid offences against the petitioners on the basis of the first information dated 06.02.2026 received from one Sri.Manjunath T., Food Inspector, Davanagere. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.186/2026 before the Jurisdictional Sessions Court at Davanagere and the same was rejected on 05.03.2026. Therefore, the petitioners are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition, prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC:35703 CRL.P No. 7601 of 2026 5. Per contra, learned Additional State Public Prosecutor has opposed the bail petition and prays to dismiss the petition. 6. In the first information dated 06.02.2026, it is stated that the first informant received a information that on the said day, at about 10.30 a.m., a lorry bearing registration No.KA-68-3643 had collided with another lorry bearing registration No.MH-26-BE-8948. The first informant thereafter visited the alleged spot of accident and it was found that lorry bearing registration No.KA-68- 3643 was loaded with Rice bags meant to be distributed under the Public Distribution Scheme. It is under these circumstances, an FIR was registered against accused Nos.1 and 2, who are the owner and driver of the aforesaid lorry bearing registration No.KA-68-3643. 7. Undisputedly, the petitioners do not have any criminal antecedent. The alleged offences are triable by the Court of Judicial Magistrate First Class and maximum punishment for alleged offence is imprisonment for a - 5 - HC-KAR NC: 2026:KHC:35703 CRL.P No. 7601 of 2026 period of 7 years. Learned Counsel for the petitioners has submitted that at the request of the customer the Rice was being transported in the lorry bearing registration No.KA-68-3643. He has submitted that the petitioners are ready and willing to cooperate with the police for the purpose of investigation. Under these circumstances, I am of the considered opinion that the prayer made by the petitioners for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The Respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.29/2026 registered by Vidyanagara Police Station, Davanagere, for the offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 18 of the Karnataka Essential Commodities (Public Distribution - 6 - HC-KAR NC: 2026:KHC:35703 CRL.P No. 7601 of 2026 System) Public Control Order, 2016, subject to the following conditions: 1. Petitioners No.1 and 2 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) each with two sureties for the likesum to the satisfaction of the Investigating Officer. 2. Petitioners shall appear before the Station House Officer of Vidyanagara Police Station, Davanagere, on every 3rd Sunday of the month between 10.30 a.m. and 02.00 p.m. and mark their attendance, till investigation is completed and charge sheet is filed before the jurisdictional Court. 3. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 7 - HC-KAR NC: 2026:KHC:35703 CRL.P No. 7601 of 2026 4. Petitioners shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 5. Petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DL List No.: 1 Sl No.: 61