Karnataka High Court
Mahabusab S/O Tipusab Bellary vs The State Of Karnataka on 1 April, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4931
CRL.P No. 100538 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100538 OF 2026
(438 OF Cr.PC/482 OF BNSS)
BETWEEN:
MAHABUSAB S/O. TIPUSAB BELLARY,
AGE: 45 YEARS, OCC: COOLIE,
R/O. OLD HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580029.
...PETITIONER
(BY SRI GIRISH BHAT, ADV. FOR
SRI MARUTI HANCHINAMANI, ADVOCATES)
AND:
THE STATE OF KARNATAKA
BY GADAG TOWN PS, REP. BY STATE PUBLIC
PROSECUTOR, HIGH COURT OF KARNATAKA
DHARWAD BENCH-580011
...RESPONDENT
Digitally signed
by
MALLIKARJUN
(BY SRI ABHISHEK MALIPATIL, HCGP)
RUDRAYYA
KALMATH
Location: High
Court of
Karnataka,
Dharwad Bench
THIS CRIMINAL PETITION IS FILED U/S.482 OF BNSS,
PRAYING TO ALLOW THE PETITION AND GRANT ANTICIPATORY
BAIL, ORDERING THE RESPONDENT POLICE TO RELEASE THE
PETITIONER (ACCUSED NO.1) IN THE EVENT OF HIS ARREST IN
GADAG TOWN PS CRIME NO.138/2022 REGISTERED ON
17.11.2022, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955, AND
SECTION 18 OF THE ESSENTIAL CONTROL PDS ACT IS PENDING
ON THE FILE OF JMFC 1ST COURT GADAG, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:4931
CRL.P No. 100538 of 2026
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
This criminal petition is filed by the petitioner/accused No.1 under Section 438 of the Code of criminal procedure (Cr.P.C.)/482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS), seeking to enlarge the petitioner/accused No.1 on bail, with the following prayer:
"PRAYER WHEREFORE, the Petitioner most respectfully praythat;
This Hon'ble Court be pleased to allow the petition and grant anticipatory bail, ordering the Respondent Police to release the Petitioner (Accused No.1) in the event of his arrest in Gadag Town PS Crime No. 138/ 2022 registered on 17.11.2022, for the offence punishable under Sec. 3 and 7 of The Essential Commodities Act, 1955, and Sec. 18of the Essential Control PDS Act, in pending on the file of JMFC 1st Court, Gadag, in the interest of justice and equity."
2. It is the brief case of prosecution as per the FIR, complaint and charge sheet materials that the petitioner/accused No.1 in the process of transporting of -3- NC: 2026:KHC-D:4931 CRL.P No. 100538 of 2026 HC-KAR 733 Kg. of rice meant for public distribution under the public ration system was found in possession of the same; and therefore, 733 kg of rice and a Bajaj Maxima vehicle were seized by the Police under the provisions of Essential Commodities Act, 1955 (for short 'the EC Act, 1955) for the offences alleged above.
3. Heard the learned counsels appearing on behalf of the petitioner/accused No.1 and learned HCGP appearing on behalf of respondent/State.
4. Learned counsel for the petitioner/accused No.1 submitted that the petitioner/accused No.1 is a minor boy of 17 years, the value of the rice is Rs.16,859/- and the worth of the Bajaj Maxima vehicle is Rs.3,00,000/-. It is further submitted that the offences are neither punishable with death nor punishable with imprisonment for life. Therefore, prays to allow the petition by granting bail to petitioner.
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NC: 2026:KHC-D:4931 CRL.P No. 100538 of 2026 HC-KAR
5. Learned HCGP appearing on behalf of the respondent/State opposed for grant of bail and prays to dismiss the petition.
6. Upon considering the FIR, complaint and charge sheet materials, it is noted that during the course of investigation, notice has been issued to the petitioner/accused No.1 under Section 41(A) of BNSS, 2023, and the petitioner/accused No.1 was present before the Investigating Officer and the IO has conducted the investigation. Furthermore, the petitioner/accused No.1 is a minor boy of 17 years old and the property worth is Rs.16,859/- and the vehicle worth is Rs.3,00,000/-. Hence, this Court, without expressing any opinion on the merits involved in the case, holds that the petitioner/accused No.1 is liable to be enlarged on anticipatory bail as prayed for. Thus, the petition is liable to be allowed.
7. In the result, I proceed to pass the following: -5-
NC: 2026:KHC-D:4931 CRL.P No. 100538 of 2026 HC-KAR ORDER i. The petition is allowed.
ii. The petitioner/accused No.1 is enlarged on bail in the event of his arrest by the Gadag Town P.S. Crime No.135/2022 registered on 17.11.2022 for the offences punishable U/Sections 3 and 7 of the Essential Commodities Act, 1955 and Section 18 of the Essential Control PDS Act, subject to the following conditions:
a) The petitioner/accused No.1 shall appear before the trial Court and shall seek for bail within ten days from the date of receipt of a copy of this order.
b) The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- along with one surety for the like sum to the satisfaction of the Trial Court.
c) The petitioner/accused No.1 shall not indulge in the same offence or any other criminal cases, till completion of the trial.-6-
NC: 2026:KHC-D:4931 CRL.P No. 100538 of 2026 HC-KAR
d) The petitioner/accused No.1 shall not leave the jurisdiction of the Trial Court without prior permission of the Court.
e) The petitioner/accused No.1 shall not tamper and threaten the prosecution witnesses in any manner.
f) The petitioner/accused No.1 shall mark his attendance before the concerned police station on every Saturday between 11.00 a.m. to 02.00 p.m.
g) The petitioner/accused No.1 shall attend the Court regularly during the trial without fail. If not attend for consecutive two times, it entails cancellation of bail. iii. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR) JUDGE SRA /CT-AN List No.: 2 Sl No.: 20