Karnataka High Court
Sri Vijay Kumar vs The State Of Karnataka on 2 April, 2026
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NC: 2026:KHC:18012
CRL.P No. 3508 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 3508 OF 2026 (439(Cr.PC)
/ 483(BNSS))
BETWEEN:
1. SRI VIJAY KUMAR
AGED ABOUT 46 YEARS
S/O SUBRAMANI @ B. SUBRAMANYAM NAIDU
R/AT V. RAMAPURA VILLAGE,
GANGAVARAM MANDALAM,
PALAMANERU TALUK,
CHITTOOR DISTRICT,
ANDHRA PRADESH
...PETITIONER
Digitally (BY SRI. SHANKARAPPA G S.,ADVOCATE)
signed by
NARAYANA AND:
UMA
Location: 1. THE STATE OF KARNATAKA
High Court BY ANDERSONPET POLICE,
of KGF, KOLAR DISTRICT,
Karnataka KARNATAKA.
...RESPONDENT
(BY Smt.ASNA KOUSER, ADDL.SPP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER /
ACCUSED NO. 12 ON BAIL IN CRIME NO. 08/2026 OF
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NC: 2026:KHC:18012
CRL.P No. 3508 of 2026
HC-KAR
ANDERSONPET POLICE STATION, FOR THE OFFENCES
PUNISHABLE UNDER SECTION 7 OF ESSENTIAL COMMODITIES
ACT-1955, SECTIONS 51 56, 57, 59 OF FOOD SAFETY AND
STANDARDS ACT-2006 AND SECTIONS 61, 274, 275, 314,
316(2), 318(4) OF BHARATIYA NYAYA SANHITA-2023,
PENDING INVESTIGATION/TRIAL, PENDING ON THE FILE OF
PRINCIPAL CIVIL JUDGE AND JMFC COURT, KOLAR, KGF.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER
The petitioner/accused No.12 is before this Court seeking for grant of regular bail in Crime No.8/2026 of respondent police for the offences punishable under Section 7 of Essential Commodities Act, 1955, Sections 51, 56, 57, 59 of Food Safety and Standards Act, 2005 and Sections 61, 274, 275, 314, 316(2), 318(4) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned Principal Civil Judge and JMFC Court, Kolar District, KGF.
Brief facts of the case:
2. The case of the prosecution is that a complaint filed by the complainant who is working as a Government Official stating that on 14.01.2026, he had received the -3- NC: 2026:KHC:18012 CRL.P No. 3508 of 2026 HC-KAR information that the adulterated milk was being prepared in the Land bearing Sy.No.79 of Bellagere Village. On receiving the said information, the complainant went along with the police officials and panch witnesses around about 10.30 p.m. to the location. There, he found five persons were preparing adulterated milk. Therefore, he conducted search and seized all the materials and also the vehicle in the presence of panchas and drew seizure mahazar accordingly.
3. Based on the complaint, the respondent/police registered a case in Cr.No.8/2026 against the petitioner and conducted investigation. The investigation is under progress.
4. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case.
The petitioner is arrayed as accused No.12. However, as per the averments of the complaint, only five persons -4- NC: 2026:KHC:18012 CRL.P No. 3508 of 2026 HC-KAR were present in the premises where alleged adulterated milk was being prepared. The present petitioner has been implicated in this case on the basis of the voluntary statement of co-accused. Hence, the petitioner may be enlarged on bail and he will abide by the conditions to be imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition.
5. Per contra, learned High Court Government Pleader for respondent/State vehemently submitted that the petitioner is arrayed as accused No.12. He along with other accused persons were preparing adulterated milk. The manner in which they are preparing the adulterated milk would not only cause loss to the concerned Milk Union but also, causing health hazardous to the public at large. If the petitioner is enlarged on bail, certainly, it gives wrong message to the Society at large. Making such submissions, learned HCGP prays to reject the petition. -5-
NC: 2026:KHC:18012 CRL.P No. 3508 of 2026 HC-KAR
6. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, it would indicate that the complainant on receiving the information that adulterated milk was being prepared in land bearing Sy. No.79 of Bellagere Village. He went to the spot along with police officials and Panchas and saw that five persons were preparing adulterated milk and also palm oil. The petitioner is arrayed as accused No.12. Even considering the averments of the complaint is held to be true, it appears that the petitioner has been arrayed as one of the accused on the strength of voluntary statement of other accused. Having considered the said aspect, it is appropriate to grant him bail by imposing suitable conditions. Hence, I proceed to pass the following:
ORDER
i) The petition is allowed.
ii) The petitioner is ordered to be released on bail in Crime No.8/2026 of respondent/police for the offences punishable under Section 7 of Essential Commodities Act, 1955, Sections 51, 56, 57, 59 of Food Safety and -6- NC: 2026:KHC:18012 CRL.P No. 3508 of 2026 HC-KAR Standards Act, 2005 and Sections 61, 274, 275, 314, 316(2), 318(4) of Bharatiya Nyaya Sanhita, 2023 on executing personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court.
iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.
iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.
v) The petitioner shall not involve in any criminal case till dispose of the case.
In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.
Sd/-
(S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 3