The 68th Additional City Civil and Sessions Court in Bengaluru has granted anticipatory bail to K.P. Shankar, the owner of a Ragi mill, who was accused of illegally storing and polishing Ragi intended for the Public Distribution System. The court, presided over by Judge Sri. Sabappa, observed that the accused is a licensed business owner and that the dispute regarding stock discrepancies requires a full trial to determine criminal intent.

The case, registered as Criminal Miscellaneous No. 556/2023, arose from an FIR filed by the Rajgopal Nagar Police Station under Sections 420 (Cheating) and 328 (Causing hurt by means of poison, etc.) of the Indian Penal Code, along with Sections 3, 6(A), and 7 of the Essential Commodities Act.

Background of the Raid and Allegations

The legal proceedings were initiated following a complaint by T. Srinivasa, a Food Inspector for Bangalore North Taluk. According to the prosecution, on January 13, 2023, the Food Inspector received credible information regarding illegal activities at Varalakshmi Industries, located in Hegganahalli, Peenya 2nd Stage.

Upon raiding the godown, officials reportedly found a massive quantity of Ragi. The person present at the spot, identified as Basavaraju, failed to produce valid documentation or stock registers that tallied with the physical inventory. The prosecution alleged that approximately 460 quintals of Ragi, valued at over Rs. 12,40,200, had been illegally diverted from the Government’s Public Distribution Scheme (PDS). The authorities claimed the mill owner, K.P. Shankar, was polishing this Ragi to sell it in the black market for illegal gain, thereby cheating both the government and the general public.

Defense Arguments by K.P. Shankar

Appearing for the petitioner, advocate Arun Kumar Y.H. argued that K.P. Shankar is a legitimate businessman who holds a valid license from the Agricultural Produce Market Committee (APMC). The defense contended that as a Ragi mill owner, Shankar is legally permitted to purchase grain directly from farmers and local vendors.

The petitioner explained that at the time of the raid, he was away in Ballari and was therefore unable to present the necessary paperwork to the inspectors immediately. He asserted that the Ragi found in the godown was purchased through legal channels, with payments made via bank transfers to various agriculturists. The defense further provided records indicating an opening stock of 475 quintals as of November 2022 and additional purchases made in October. It was argued that the Food Inspector acted hastily by filing a criminal case instead of issuing a notice for stock clarification.

The Court Decision and Observations

The Public Prosecutor opposed the bail, citing the gravity of the offence and the risk of the accused absconding or tampering with evidence. However, the court noted that the respondent police had already conducted a spot inspection and seized the relevant articles, reducing the necessity for custodial interrogation.

Judge Sabappa observed that the petitioner is a permanent resident of Koratagere Taluk with established roots in the community and holds a government-issued license for his business. The court highlighted that while the prosecution alleges the Ragi was meant for public distribution, such a claim is a matter of trial. The court also noted that the offences alleged are triable by a Magistrate and do not carry the death penalty or life imprisonment.

Emphasizing the legal principle that “bail is the rule and jail is the exception,” the court decided to protect the petitioner from arrest, provided he adheres to strict conditions to ensure his cooperation with the ongoing investigation.

Conditions for Anticipatory Bail

The court ordered that in the event of his arrest, K.P. Shankar must be released on a personal bond of Rs. 1,00,000 with two sureties. The bail is subject to the following conditions:

The petitioner must appear before the Investigating Officer within 15 days to cooperate with the probe.

He is strictly prohibited from tampering with prosecution witnesses or evidence.

He must mark his attendance at the Rajgopal Nagar Police Station once every 15 days until the final charge sheet is filed.

He must not leave the jurisdiction of the court without prior permission and must provide proof of his current address to the police.

The court further clarified that any violation of these terms would allow the Investigating Officer to move for the cancellation of the bail.