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Karnataka High Court
Sri Vijay Kumar vs The State Of Karnataka on 2 April, 2026
-1-
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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
-2-
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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
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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
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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.
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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
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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
