(Prayer: This Criminal Petition is filed under Section 482 Of BNSS, seeking to Grant Anticipatory Bail to the petitioner/Accused No.2 in the event of his arrest in Crime No.57/2025 of Gudigeri Police Station registered for the offences punishable under Sections 316(2), 316(5), read with 3(5) of Baratiya Nyaya Sanhita (BNS), in the ends of justice.)

Oral Order

1. This is the petition filed under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS, 2023', for short), praying for grant of anticipatory bail to the petitioner/accused No.2 in the event of his arrest in Crime No.57/2025 of Gudageri Police Station for the offences punishable under Sections 316(2) and 316(5) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS, 2023', for short).

2. The facts of the case are stated in detail in the bail petition. It is the contention of the petitioner that he is a Government employee having permanent job and there is no chance of his abscondence, if he is granted with anticipatory bail. It is further stated that the petitioner apprehended his arrest and approached the Jurisdictional Sessions Court seeking for grant of anticipatory bail. However, the said bail petition came to be rejected by order dated 09.01.2026. The petitioner further contended that there was no responsibility on him as alleged in the first information. According to him, he was on leave from 10.12.2025 to 14.12.2025, whereas, as per the case of prosecution, the alleged ration was supplied to the school on 09.12.2025. The petitioner submits that he is innocent of the offences alleged against him and he has been falsely implicated in the case. He submits that he is ready to abide by the conditions that may be imposed by this Court and ready to cooperate with the investigation and hence prays for allowing the bail petition.

3. Learned HCGP has filed statement of objections contending that the investigation is still in progress. It is further contended that the offences alleged against the petitioner are non-bailable in nature. If the petitioner is granted with bail, there is every possibility of he threatening the prosecution witnesses, repeating similar offences and obstructing the course of investigation and trial. It is also contended that there is possibility of abscondence the petitioner. Hence, he prayed for rejection of the bail petition.

4. Having heard the arguments of both sides and upon perusal of the records, the point that arises for consideration is, "whether the petitioner is entitled for anticipatory bail?"

5. The finding on the above point is in the affirmative for the following reasons:

6. The District Officer, Backward Classes, Dharwad has filed first information on 20.12.2025 at 10.30 p.m., which came to be registered in Crime No.57/2025 for the offences punishable under Sections 316(2) and 316(5) read with Section 3(5) of BNS, 2023 by the Police Sub-Inspector of Gudageri Police Station.

7. It is stated in the first information that, at B.C.No.256 within the jurisdiction of Mattigatti Village of Kundagol Taluk, Morarji Desai Residential School is situated. As per the order of Tahsildar, Kundagol dated 01.12.2025, 120 quintals of rice (240 bags) and 60 quintals of wheat (120 bags) were to be supplied to the said school. Accordingly, on 09.12.2025 the said food grains were taken to the school.

8. On 17.02.2025, the Tahsildar, Kundagol submitted a report stating that, on 01.12.2025 total 120 quintals of rice (240 bags) and 60 quintals of wheat (120 bags) were ordered to be released to the Morarji Desai Residential School and accordingly, the Principal (accused No.1) and the Warden (accused No.2)/present petitioner, have taken 240 bags of rice and 120 bags of wheat from their store situated at Kundagol, as per following bills:

          1. Bill Nos.S1 1175 - 40 quintals of rice (80 bags)

          2. Bill No.S1 1176 - 40 quintals of rice (80 bags) and 19.2 quintals of Wheat (38 bags)

          3. Bill No.S1 1177 - 40 quintals of rice (80 bags)

          4. Bill No.S1 1174 - 40 quintals of wheat (80 bags)

9. Subsequently, on 12.12.2025, a first information was received and hence, Tahsildar, Kundagol, has visited the school on that date and on inspection, it was found that only 162 bags of rice were available out of 240 bags and 78 bags were missing. It was further reported that the rice bags sent in vehicle bearing No.KA-25/AB- 1105 consisting of 80 bags were not received in the storeroom and no document was produced showing receipt of the said bags. Based on the said report, the present first information came to be filed and registered.

10. After registration of the case, Investigating Officer has commenced the investigation. The maximum punishment prescribed for the offences under Sections 316(2) and 316(5) of BNS, 2023 is imprisonment for life with fine, and the offences are triable by the Magistrate of First Class.

11. It is the contention of the petitioner that he was on leave from 10.12.2025 to 14.12.2025 and in this regard he has produced copies of leave applications. The report of the Tahsildar prima facie reveals that the rice bags sent through vehicle bearing No.KA-25/AB-1105 were not received in the storeroom.

12. It is also seen that, even though the first information was registered on 20.12.2025, the petitioner has not been arrested till now. Learned HCGP has produced certain investigation documents which prima facie reveal that no notice was issued to the petitioner under Section 35 of BNSS, 2023 requiring him to appear before the Investigating Officer for interrogation or enquiry.

13. Learned counsel for the petitioner would submit that, petitioner was on leave from 10th, 12th, 13th and 14th of December, 2025 and as per the Government circular, Thursday is weekly holiday for wardens, and thus, he was not in charge of the storeroom from 10.12.2025 to 14.12.2025. The inspection was conducted on 12.12.2025, whereas the food grains were allegedly received on 09.12.2025 by accused Nos.1 and 2.

14. Even though the offences alleged against the petitioner are heinous in nature, they are triable by the learned Magistrate. The petitioner submitted that he will cooperate with the investigation and he will not abscond from the proceedings, and is ready to abide by any conditions that may be imposed by this Court, if he is granted with anticipatory bail.

15. Therefore, the apprehension of the learned HCGP can be safeguarded by imposing suitable conditions. Hence, the petitioner is entitled for anticipatory bail.

16. Accordingly, I pass the following:

ORDER

          The bail petition filed under Section 482 of BNSS, 2023 is hereby allowed.

          Anticipatory bail is granted to the petitioner. The respondent-Police Sub-Inspector of Gudageri Police Station is hereby directed to release the petitioner on bail in the event of his arrest in Crime No.57/2025 of Gudageri Police Station, for the offences punishable under Sections 316(2) and 316(5) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to following conditions:-

          i. The petitioner shall execute personal bond for a sum of ₹1,00,000/- (Rupees One Lakh Only) with two sureties for like-sum to the satisfaction of concerned Magistrate/arresting authority

          ii. He shall not threaten or tamper with the prosecution witnesses directly or indirectly.

          iii. He shall not commit similar offences.

          iv. He shall appear before Investigating Officer, as and when called for investigation during the reasonable hours of the day.

          v. He is hereby directed to appear before the concerned Magistrate within the period of 30 days from the date of this order to execute the personal bond and surety bond and also appear before the Investigating Officer.

          vi. In the event charge-sheet is filed against the petitioner, the petitioner shall appear before the Court regularly without fail till completion of trial without exception.

          vii. Petitioner shall produce his I.D. and address proof documents before learned Magistrate. If any of these conditions are violated, the bail bond will be automatically cancelled.