1. This petition is filed by accused Nos.1 and 2 under Section 438 of The Code of Criminal Procedure, 1973 (hereina fter referred to as the ‘Cr.P.C.’, for brevity) seeking anticipatory bail in Crime No.37/2020 of Cowlbazar Police Station, Ballari, registered for the of fences punishable under Sections 3, 6(A) and 7 of the Essential Commodities Act, 1955, Sections 3(2)(i) and 8 of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Noti fication) Order, 1981, Sections 3, 4, 12 and 18 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016 and Section 420 of the Indian Penal Code (hereinafter referred to as ‘IPC’, for brevity) pending in CC No.90/2021 on the file of the learned II Additional Civil Judge and JMFC, Ballari.

2. The case of the prosecution is that, the Food Inspector, Ballari, filed complaint stating that when he went to inspect the Fair Price Shop No.184, at that time, he received in formation about storing of PDS rice in the premises situated near Pinchandar Masjid bypass road illegally. Immediately, he went to the spot with two panchas and on verification , he found storing of public distribution rice bags illegally. Thereafter, he sized the same in the presence of panchas under mahazar and took samples. On enquiry with two women who were present there in the house, one lady narrated that the said house belongs to petitioner No.1/accused No.1 and the complainant made a phone call to his phone number but he did not respond. Another women in formed that the petitionerNo.2/accused No.2 used to visit the said house and the used to take the rice. The said complaint came to be registered in Crime No.37/2020 by Cowlbazar police for the a foresaid of fences. The Police after investigation, filed charge sheet against the petitioners for the of fences stated supra and now the case is pending in CC No.90/2021 on the file of the learned II Additional Civil Judge, JMFC, Ballari and NBW has been issued against these petitioners and they are apprehending their arrest. The petitioner apprehending their arrest filed Crl.Misc.No.668/2022 seeking anticipatory bail and the same came to be rejected by the learned Principal District and Sessions Judge, Ballari, by order dated 06.09.2022. There fore, the petitioners are before this Court seeking anticipatory bail.

3. Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondentState.

4. Learned counsel for the petitioners would contend that, the petitioners are in no way concerned with the rice stored and seized by the complainant. The of fence alleged against the petitioners are not punishable with death or imprisonment for life. The petitioners are ready to co-operate with the police in the investigation. The offences alleged are triable by the JMFC. With this, he prayed to allow the petition.

5. Per contra, learned High Court Government Pleader would contend that, 17 bags of PDS rice weighing 45kg each and the total quantity seized is 7.65 quintals worth Rs.21 ,420/-. The charge sheet material show prima facie case against the petitioners for the of fences alleged against them. The petitioners in spite of service of summons have not appeared before the trial Court and therefore NBW came to be issued against them . I f the petitioners are granted anticipatory bail, they will threaten the complainant and other prosecution witnesses and flee from justice. With this, he prayed to reject the petition.

6. Having regard to the submission made by the learned counsel for the petitioners and the learned High Court Government Pleader, this Court has gone through the charge sheet records and the order passed by the Sessions Court.

7. The accusation against these petitioners is that the petitioner No.1/accused No.1 is the owner of the house in the premises of which the PDS rice contained in 17 bags of 45 kg each was stored and it is alleged that this petitioner No.2/accused No.2 used to come to the said house to take rice bags. The of fences alleged against these petitioners are not punishable with death or imprisonment for life. As NBW has been issued against the petitioners, there is threat of their arrest. The petitioners have undertaken to abide by any terms and conditions to be imposed by this Court.

8. The main apprehension of the prosecution is that the petitioners are granted anticipatory bail, they will tamper the prosecution witnesses and flee from justice, can be met with by imposing stringent conditions .

9. In the facts and circumstances of the case and submission of the counsel , this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions . Hence, I proceed to pass the following:

ORDER

The petition filed under Section 438 of Cr.P.C. is allowed. Consequently, the petitioners/accused Nos.1 and 2 are ordered to be released on bail in the event of his arrest in Crime No.37/2020 of Cowlbazar Police Station, Ballari, pending in CC No.90/2021 on the file of the learned II Additional Civil Judge and JMFC, Ballari, subject to the following conditions:

i. The petitioners/accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one surety for the likesum to the satisfaction of the jurisdictional Court.

ii. The petitioners/accused Nos.1 and 2 shall voluntarily appear before the jurisdictional Court within fi fteen days from this day and execute bail bond and furnish surety.

iii. The petitioners/accused Nos.1 and 2 shall not indulge in tampering the prosecution witnesses.

iv. The petitioners/accused Nos.1 and 2 shall attend the Court on all the dates of hearing, unless exempted, and co-operate in speedy disposal of the case.