IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.570/2019 BETWEEN:
Lokesh N s/o late Narayanaswamy Aged about 53 years r/a No.92, III Main Road Ground Floor, Rajathadri Layout, Kothnur Dinne J P Nagar, 8th Phase Bengaluru – 560076. .. Petitioner (By Sri K Venkatesh, Advocate) AND:
State of Karnataka By Malavalli Excise Police Station Represented by State Public Prosecutor High Court Building Bengaluru-560001. … Respondent (By Sri M Divakar maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.22/2018 -19/2506SIE2/250606 of Malavalli Excise Police, Malavalli for the offence punishable under Sections 11, 14, 32, 38-A, 43-A of Karnataka Excise Act, 1965.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner under Section 438 of Cr.P.C praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.22/2018-19/2506SIE2/250606 of Malavalli Excise Police, Malavalli for the offences punishable under Sections 11, 14, 32, 38-A, 43-A of Karnataka Excise Act, 1965.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Leaned counsel for the petitioner is absent.
3. The gist of the complaint is that on 23.10.2018, the complainant police and his staff were on patrolling duty. At that time, a car bearing Regn.
No.KA-51/MB-8280 came from Bengaluru towards Malvalli and immediately they intercepted the said car and after physical verification, they noticed a wooden box of liquor bottles and when the same was checked, it was found 12.135 liters of liquor in the bottles and five persons were traveling and they produced the bill of supply No.1139B101816859 of SLV Fabricators, which is issued by the Metro Cash and Carry India Ltd. Konanakunte, Bengaluru and they also stated that they are carrying the liquor for their personal use. A case has been registered.
4. It is submitted by the learned counsel for the petitioner/accused that the petitioner/accused is innocent and he was not present at the time of alleged incident. He is only the owner of the car and car was taken by the driver/accused. He further submits that the name of petitioner/accused is not found either in the complaint or in the FIR and subsequently, his name has been falsely implicated. He submits that the petitioner/accused has also produced receipt for having purchased the said liquor. There is no illegal transportation of the said liquor. Learned counsel submits that accused No.1 has already been released on bail for similar offences alleged in the complaint. He further submits that the alleged offences are not punishable with death or imprisonment of life. If bail is granted, he is ready to abide by any conditions imposed by this Court and also ready to offer surety. On these grounds, he prays to allow the petition and grant anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the quantity of liquor carried by the petitioner/accused was without any valid permit or license. He further submitted that the case is still under investigation and the petitioner/ accused is not available for interrogation or investigation, if the petitioner – accused is enlarged on bail, he may abscond and he may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
7. Perused the records. A close reading of the contents of the complaint discloses the fact that when the complainant intercepted the car and on physical verification of the car, it was found 12.135 liters of liquor in the bottles. The petitioner/accused also produced the receipt for having purchased the same. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the car and he was not present at the time of alleged incident. It has to be considered only at the time of trial insofar the alleged offence committed by the accused is concerned. If the petitioner/accused is released on bail by imposing reasonable conditions by this Court, it will meet the ends of justice and also taking into consideration the ground of parity, the petitioner – accused is entitled to be released on bail. Under such circumstance, I am of the opinion that, if the petitioner/accused is enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioner/accused is enlarged on anticipatory bail in Crime No. 22/2018-19/2506SIE2/250606 of Malavalli Excise Police, Malavalli for the offences punishable under Sections 11, 14, 32, 38(A), 43(A) of Karnataka Excise Act, 1965 subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on he executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till trial is concluded.
5. He shall surrender before the Investigating Officer within 15 days from today.
Sd/- JUDGE Bkm.