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2026 DAILYLAW 51069 (KAR)

SRI.SATISHA. B.M. v. STATE OF KARNATAKA BY HALGARU POLICE STATION

CRL.P/15454/2025 · 2026-01-06

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:383 CRL.P No. 15454 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15454 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI SATISHA. B.M. AGED ABOUT 45 YEARS S/O LATE MOTAIAH R/AT No.3, BACHAHALLI VILLAGE CHANNAPATNA TALUK BACHAHALLI, JAGADAPURA RAMANAGARA DISTRICT-562 138. …PETITIONER (BY SRI. KRISHNA GOWDA B, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HALGARU POLICE STATION INVESTIGATIONS OFFICER MALAVALLI TALUK REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SRI MOHD. AYUB ALI, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME No.202/2025 FILED BY THE RESPONDENT POLICE AUTHORITIES FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 7 OF THE ESSENTIAL Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:383 CRL.P No. 15454 of 2025 COMMODITIES ACT, 1955 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner –accused No.1 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.202/2025 of Halagur Police Station registered for offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned counsel for the petitioner would contend that the petitioner is working as principal in Morarji Desai residential school. Wheat and other grains supplied by the Government for use of inmates of the hostel are maintained by the warden. The petitioner is not responsible for any missing of the wheat bags. The petitioner is ready to co-operate with the Investigating - 3 - HC-KAR NC: 2026:KHC:383 CRL.P No. 15454 of 2025 Officer in the investigation and abide by any conditions to be imposed by this Court. With these, he prays to allow the petition. 4. Per contra, learned Additional SPP for the respondent -State would contend that wheat given by the Government to the Morarji Desai residency school has been misused by the petitioner who is principal. 09 bags of wheat found in the premises of Prabhuling Swamy and on enquiry of watchmen namely Sadashivappa -accused No.2 has intimated the name of this petitioner who has given 09 bags containing wheat for sale to public and to give money to the petitioner. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition. 5. Having heard learned counsels, this Court has perused the materials placed on the record. 6. 09 bags containing the wheat were found in the premise of Prabhuling Swamy which meant for use in - 4 - HC-KAR NC: 2026:KHC:383 CRL.P No. 15454 of 2025 Morarji Desai residential school. When enquiring the watchman -Sadashivappa, it is revealed that the petitioner had given the said 09 bags to him for sale to the villagers for higher price and to give the money to the petitioner. It is contended that the petitioner is not in charge of the godown and it is the warden who has to look to the use of the grains supplied. The petitioner has undertaken to co- operate with the Investigating Officer in investigation. Whether the petitioner is involved in commission of the offence alleged is matter of investigation. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents. Considering the above, the petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. - 5 - HC-KAR NC: 2026:KHC:383 CRL.P No. 15454 of 2025 ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.202/2025 of Halagur Police Station subject to following conditions: a) The petitioner –accused No.1 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for like sum to the satisfaction of the Investigating Officer. b) The petitioner –accused No.1 shall co- operate with Investigating Officer in the investigation and appear before the Investigating Officer whenever called for. c) The petitioner –accused No.1 shall not directly or indirectly make an inducement, threat or promise to any person acquainted - 6 - HC-KAR NC: 2026:KHC:383 CRL.P No. 15454 of 2025 with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 17 Ct.sm