Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.48/2014 of the Kumbala Excise Range, registered for the offence punishable under Section 55(a) of the Abkari Act.
3. The allegation against the petitioner is that on 21.09.2014 at 11.15 a.m., he was found in possession of 26.01 litres of Indian Made Foreign Liquor intended for sale in the State of Karnataka only, in contravention of the provisions of the Abkari Act.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. It is true that this is a case wherein huge quantity of Indian Made Foreign Liquor, which is meant for sales in the State of Karnataka only is involved. It is true that the petitioner was earlier involved in Crime No.50 of 2013 of the very same Excise Range for a similar offence. It is pointed out that the investigation of this case is practically over. The continued detention of the petitioner is not required for the continued investigation of this case. The petitioner has been in custody for the period from 21.09.2014 onwards. Having regard to the period undergone by the petitioner in custody and the present stage of the investigation, I am of the view that the petitioner can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Sundays and Wednesdays, commencing from 16.11.2014 for a period of three months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
B.KEMAL PASHA, JUDGE DSV/13/11