Citation : 2026 Latest Caselaw 2881 Kant
Judgement Date : 2 April, 2026
-1-
NC: 2026:KHC:18013
CRL.P No. 3114 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. 3114 OF 2026 (439(Cr.PC)
/ 483(BNSS))
BETWEEN:
1. SRI. RAJAREDDY
S/O MADDAREDDY
AGED ABOUT 65 YEARS
R/AT ROYAL SCHOOL CIRCLE
ANJANI BADAVAE
CHINTHAMAI TOWN
CHIKKABALLAPUR DISTRICT -563 125
...PETITIONER
(BY SRI. NANJUNDA GOWDA M R.,ADVOCATE)
Digitally
signed by AND:
NARAYANA
UMA
1. THE STATE OF KARNATAKA
Location:
High Court BY ANDERSONPET POLICE STATION
of KGF
Karnataka REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
DR AMBEDKER VEEDHI
BENGALURU -560001
...RESPONDENT
(BY Smt.ASMA KOUSER, ADDL. SPP)
-2-
NC: 2026:KHC:18013
CRL.P No. 3114 of 2026
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 (FILED
U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON
REGULAR BAIL IN CRIME NO.8/2026 OF ANDERSONPET POLICE
STATION NOW WHICH IS PENDING ON THE FILE OF THE
PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, KOLAR,
KOLAR DISTRICT, K.G.F. FOR THE OFFENCE P/US/ 7 OF
ESSENTIAL COMMODITIES ACT 1955 AND SECTIONS 51, 56,
57, 59 OF FOOD SAFETY AND STANDARDS ACT 2005 AND
SECTIONS 61, 274, 275, 314, 316(2), 318(4) OF BNS 2023
(CORRESPONDING OFFENCE UNDER SECTIONS 120-A, 272,
273, 403, 406, 420 OF IPC.
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.10 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.
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
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HC-KAR
Official stating that on 14.01.2026, he had received the
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 punch 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.10. However, as
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HC-KAR
per the averments of the complaint, only five persons
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.10. 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.
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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.10. 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,
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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 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.: 2
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