IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8190 OF 2019 Between:
Smt. K.R. Shilpa W/o Lokesha S Aged about 33 years Residing at HLBC Quarters Basaralu Village Mandya Taluk Mandya District 574 416 (By Shri Jairaj G., Advocate) And:
State of Karnataka by SHO, Basaralu, Police Station Mandya District 574 416 Represented by Government Pleader High Court Building Bangalore City 560 001 (By Shri Rohith, B.J., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of her arrest in Crime No.44 of 2019 of Basaralu Police Station, Mandya for the offence punishable under Sections 32 and 34 of the Karnataka Excise Act.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner.
Perused the records.
2. The respondent-Police have registered a case in Crime No.44/2019 for the offences punishable under Sections 32 and 34 of the Karnataka Excise Act wherein the petitioner is arraigned as accused No.1.
3. The brief facts of the case are that on the credible information that the petitioner is indulged in storing and selling the excise materials like Hayward’s Cheers Whisky and Brandy to the public at large in the petty shop situated at HLBC Quarters Road in Basaralu Vilalge, Mandya. On 23rd October, 2019 at about 11.00 a.m. they visited the said spot and found Hayward’s Cheers Whisky Amrut Silver Cup rare Brandy in the said shop to the tune of 5,850 mili- liters worth Rs.1,707/- and they seized the said articles;
and at the time of drawing up of the mahazar the accused No.1 ran away from the spot.
4. Looking to the above said facts and circumstances of the case Sections 32 and 34 of the Karnataka Excise Act is not punishable with the serious punishment. It appears that there are no antecedents alleged against the petitioner and also not shown to be a habitual offender, she being a lady and she undertakes that she will co-operate with the investigation and also appear before the trial Court on all the dates of hearing, considering the nature of allegation and the quantity of excise materials seized, in my opinion the petitioner is entitled to be enlarged on anticipatory bail with conditions. Hence the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in connection with Crime No.44/2019 of Basaralu Police Station, Mandya for the alleged offences, subject to the following conditions:
i) The petitioner shall surrender herself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and she shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark her attendance once in fifteen days i.e., on every Sunday between 10.00 am and 5.00 p.m., before the Investigating Officer for a period of two months or till the charge sheet is filed whichever is earlier.
Lnn Sd/- JUDGE