SIDDANAGOUDA PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed this petition under Section 438 Cr.P.C. seeking anticipatory bail in the event of their arrest in Crime No.161/2021 of Koppal Rural Police Station registered for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 pending on the file of the Addl. Civil Judge (Jr.Dn.) and JMFC, Koppal.

(2.) The factual matrix leading to the case are that, on 23.07.2021 at about 4.00 a.m., when the complainant was in Koppal Town Police Station, he received a call regarding credible information that near Halageri bus- stand, rice meant for PDS distribution is illegally being transported in a lorry. Accordingly, along with the staff he visited the spot and arrested the driver and cleaner of the said lorry. On verification of the lorry bearing No.KA- 63/4485, it is found that 180 bags of rice weighing 40 k.g. each was loaded and it is found that the said rice was PDS rice. On enquiry, they disclosed their identity as well as identity of the owner and transporter. The investigating officer has seized the lorry along with the rice and drawn mahazar. In this regard a complaint came to be lodged and crime came to be registered. Accused Nos.1 and 2 arrested and they disclosed the name of the present petitioners as owner and the person who loaded the vehicle with rice. Hence, apprehending their arrest, petitioners approached the Principal District and Sessions Judge, Koppal and the learned Sessions Judge by order dated 07.09.2021 rejected the bail petition. Hence, the petitioners claim that they have approached this court seeking anticipatory bail.

(3.) Heard the arguments of the learned counsel for the petitioners and the learned HCGP for the respondent- State. Perused the records.