High Court Karnataka High Court

Sri Siddaiah vs State By Basaralu Police on 3 December, 2008

Karnataka High Court
Sri Siddaiah vs State By Basaralu Police on 3 December, 2008
Author: Ashok B.Hinchigeri
- 1 -
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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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.