- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE mm.) mrs "ms 3" em or oscemaea zoos aemae A THE HOWBLE MR. JUSTICE ASHOK B HmcH1§:%ERt1*t%-t f QBIMIDLAL PETITIQN N0f§§_3§£z§_Q§t fj _ Sri Siddaiah S/ojavaraia Aged about 50 years R/ofloddakothagere Basaratu Hcbii V ; Mandya Taluk& District. PETIHONER AED ; State by Basaraiu V'I><:I.'i"e:V.i.ae = 4' Mandya_vDistfi€t,» ...RESPONDENT
” “(By éfi’ A.,tI.Ramaltris’h’né, HCGP)
/’ V T_ “is filed u/5.438 Cr.P.C praying to release
the ‘;:etitit:nér_ etfbail in the event of arrast in Cr.No.63/08
of Ba__saraVl.u i’>1.–.,,’3;, Mandya, for the offence p/u/5.406 of IPC
V . and ($5.3 arid 7 of Essentiai Commodities Act and under
“‘~.-4..__*£Z|ause 12.f_(1-1) and (2) of PBS Contra! order 1992.
. V t”This Petition coming on for orders this day, the Court
the follawing : –
9..B.JILE.B.
The respondent registered Crime No.63/2008 for the
offences punishable under Section 406 of IPC and u/5.3
498%.
and 7 of Essential Comrnoditia Act and under Clause
12(1) and (2) of PDS Control order 1992.
2. The case of the prosecution in brief is trrati’jthe_
petitioner is the owner of fare price shop
Eloddakattegere village. He had obtained the’v”de.i1E°;ei’y_’_pf’-._’AV’
large quantities of food grains by the 1’Goi3errm_fien_t
Akshya scheme and AnthyodaV§t:v’seherne fiorethevlplpurpesei of
being distributed to the ration ¢a_r&A”hoiders..’ T
3. On of Food and
Civil Supplies; » the petitioner’s
shop found that the stock
of food «in the shop; the food grains
were not diiétrilouted or Véoid to the eligible ration card
:__..,AiiegingxHmisappropriation of the stock of food
V”‘g’_re:_:n_s; Assistant Director lodged a complaint. The
seelens by its order, dated 23.10.2008 dismissed
._’_’t.he petltioAraer’s application for anticipatory bail.
Sri i(.M.5anath Kurnar, the learned Counsel for
it petitioner submits that as the delivery of the large
Dczuantity of food grains took place in the presence of the
villagers, it is highly impossible to misappropriate the
QEH
likely tc misuse his liberty. Anticipatory bail cannc_t___be
granted fer an asking. I do not see any
circumstances for the grant of anticipatory bail Ecgrjithviéé
8. The petition for anticipatory? b3:’:i: }’$j:. .
F335.