DAUD IBRAHIM vs THE STATE THROUGH
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-K:11153
CRL.P No. 201323 of 2026
CNR: KAHC030104752026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201323 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
1. DAUD IBRAHIM S/O MEHABOOB HALYAL,
AGE: 18 YEARS, OCC: PRIVATE WORK,
R/O: CHINAMGERA VILLAGE,
TQ: AFZALPUR, DIST: KALABURAGI – 585 301.
2. ALLA BHAKSHA S/O PAIGAMBAR,
AGE: 26 YEARS, OCC: PRIVATE WORK,
R/O: SHIRWAL VILLAGE,
TQ: AFZALPUR, DIST: KALABURAGI.
NOW BOTH AT KARAJAGI,
TQ: AFZALPUR, DIST: KALABURAGI – 585 301.
…PETITIONERS
(BY SRI AMBARISH TALAKERI AND SRI PRADEEP KUMAR,
ADVOCATES)
AND:
THE STATE THROUGH,
AFZALPUR POLICE STATION,
DIST: KALABURAGI.
REPRESENTED BY LERNED ADDL SPP,
HIGH COURT KALABURAGI – 585 107.
…RESPONDENT
(BY SRI SIDDALING P. PATIL, ADDL. SPP)
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
THIS CRL.P. IS FILED UNDER SECTION 482 OF BNSS
(NEW) U/S 438 OF CR.P.C (OLD) PRAYING TO ALLOW THE
PETITION AND ISSUE DIRECTIONS TO THE RESPONDENT
- 2 -
HC-KAR
NC: 2026:KHC-K:11153
CRL.P No. 201323 of 2026
CNR: KAHC030104752026
AFZALPUR POLICE STATION TO RELEASE THE
ACCUSED/PETITIONERS ON BAIL IN CRIME NO.223/2026 OF
AFZALPUR POLICE STATION, DIST: KALABURAGI IN THE
EVENT OF THEIR ARREST, PENDING ON THE FILE OF CIVIL
JUDGE AND JMFC, AT AFZALPUR, FOR THE OFFENCES
PUNISHABLE U/SEC.3 AND 7 OF ESSENTIAL COMMODITIES
ACT, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard learned counsel for the petitioners and also
learned Additional State Public Prosecutor (for short,
‘Addl. SPP’) for the respondent on the petition. Perused
the relevant materials on record.
2. This petition is filed by the petitioners/
accused No.1 and 2 under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 for directing the
respondent Police to release them on bail in the event of
their arrest in the case in Crime No.223/2026 for the
offences punishable under Sections 3 and 7 of the
- 3 -
HC-KAR
NC: 2026:KHC-K:11153
CRL.P No. 201323 of 2026
CNR: KAHC030104752026
Essential Commodities Act (for short ‘EC Act’) pending
before the learned Civil Judge and JMFC, Afzalpur.
3. The case alleged against the petitioners and
other accused persons is that on 04.09.2026 at about
09.30 p.m., the complainant, who is Food Inspector,
Taluk Office of Afzalpur conducted raid along with police
personnel and panchas at Survey No.616/1 of
Ramanagar Village and found 45 packets of rice
belonging to the Public Distribution System stocked in a
tin shed. The accused No.3 was found at the spot who is
the owner of the land. On enquiry, he revealed that on
02.09.2026 at about 06.00 p.m. the petitioners brought
two(2) plastic bags each on their Motorcycles and by
saying that there was rain and they kept four(4) bags in
the said tin shed. However, when he came on the next
day on 03.09.2026 at 01.00 p.m., there were 45 bags of
rice stocked in the said tin shed. The sample of the rice
was collected and examined and it was found that the
- 4 -
HC-KAR
NC: 2026:KHC-K:11153
CRL.P No. 201323 of 2026
CNR: KAHC030104752026
said rice belonged to Public Distribution System. There
are total 2,280 kgs of rice, worth Rs.75,520/- belonging
to Public Distribution System and thereby, the
petitioners along with accused No.3 committed the
alleged offences.
4. The learned Addl. SPP has orally objected to
the petition submitting that there is prima facie case
against the petitioners for the alleged offences. Their
custodial interrogation is necessary in the investigation
of the case. The case is at the initial stage and the
investigation is yet to be completed. If the petitioners are
released on bail, there is chance of them not assisting
the respondent Police in the investigation of the case
and thereby, the investigation will be hampered. Hence,
the learned Addl. SPP has sought for rejection of the
petition.
5. The submission of the learned counsel for the
petitioners is that the petitioners are innocent of the
- 5 -
HC-KAR
NC: 2026:KHC-K:11153
CRL.P No. 201323 of 2026
CNR: KAHC030104752026
offences alleged against them and they have not
committed any such offences. The learned counsel for
the petitioners has drawn the attention of this Court to
the complaint averments which would show that the
petitioners are made as the accused on the statement of
the accused No.3. The accused No.3 has stated that on
02.09.2026 only four(4) rice bags were brought on the
Motorcycles and due to rain, they were kept in tin shed
and the said land belonging to him and when he came
on the next day, he found 45 bags of rice. Hence, the
submission of the learned counsel for the petitioners is
that doubt arises regarding the fact that the petitioners
committed the alleged offences.
6. Per contra , the submission of the learned
Addl. SPP is that the case is at the initial stage and the
investigation is yet to be completed. Hence, the
contention of the petitioners that the petitioners are
innocent of the offences and they have not committed
- 6 -
HC-KAR
NC: 2026:KHC-K:11153
CRL.P No. 201323 of 2026
CNR: KAHC030104752026
any offence, does not merit consideration. However, if it
is accepted for the sake of arguments that there is prima
facie case against the petitioners for the alleged
offences, the said offences are not punishable with
death or life imprisonment. The maximum punishment
for the alleged offence is imprisonment to the extent of 7
years and it is exclusively triable by the learned
Magistrate.
7. Moreover, the petitioners are permanent
residents of Chinamgera Village of Afzalpur Taluk within
the jurisdiction of the Court of learned Magistrate. There
is absolutely no material forthcoming from the
respondent Police to show any antecedents that the
petitioners committed similar offences or any offence
earlier. Further, the petitioner No.1 is shown as 18
years old. There is absolutely no special ground made
out by the respondent Police to deny benefit of
anticipatory bail to the petitioners.
- 7 -
HC-KAR
NC: 2026:KHC-K:11153
CRL.P No. 201323 of 2026
CNR: KAHC030104752026
8. Any of the apprehensions of the learned Addl.
SPP can be suitably met with by imposing proper and
necessary conditions on the petitioners, making them to
assist the Investigating Officer in further investigation of
the case. Therefore, the petitioners have made out
sufficient grounds to grant anticipatory bail in their
favour as sought for and consequently, the petition
deserves to be allowed.
9. In the result, I proceed to pass the following:
ORDER
The Criminal Petition is allowed.
Consequently, the respondent Police is directed to
release the petitioners/ accused No.1 and 2 on bail in
the event of their arrest in the case in Crime
No.223/2026 of the respondent Police for the offences
punishable under Sections 3 and 7 of the Essential
Commodities Act, on their executing personal bond for a
sum of Rs.1,00,000/- each with one surety for the like
sum to the satisfaction of the Investigating Officer,
subject to the following conditions that:
- 8 -
HC-KAR
NC: 2026:KHC-K:11153
CRL.P No. 201323 of 2026
CNR: KAHC030104752026
a) The petitioners shall appear before the
Investigating Officer within 15 days from
the date of receipt of copy of this order
and they shall assist the Investigating
Officer in further investigation of the case.
b) They shall appear before the respondent
Police as and when required till final
report is filed.
c) They shall appear before the learned
Magistrate and they shall assist the trial
Court in trial of the case.
d) They shall not tamper with prosecution
witnesses and also shall not hamper trial
of the case in any manner, and
e) They shall not commit similar offences or
e
any offenc during the pendency of case.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP
List No.: 1 Sl No.: 11