IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION No.1749 OF 2019 BETWEEN:
MANJUNATHA S/O LATE BOBAIAH AGED ABOUT 38 YEARS OCC: COOLIE R/O HUIGERE VILLAGE KHANDYA HOBLI CHIKKAMAGALURU TALUK & DISTRICT PIN: 577 101.
…PETITIONER (BY SRI S.G. RAJENDRA REDDY, ADVOCATE) AND THE STATE BY EXCISE INSPECTOR OFFICE OF THE DY. COMMISSIONER OF EXCISE CHIKKAMAGALURU DISTRICT PIN: 577 101 REP. BY S.P.P. HIGH COURT BENGALURU – 560 001.
…RESPONDENT (BY SRI NASARULLA KHAN, HCGP) THIS CRIMINAL PETITION FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.11/2018-19/13IE/130204 REGISTERED FOR THE OFFENCE P/U/S. 13(1)(a), 13(1)(f), 32(1), 38(A) OF KARNATAKA EXCISE ACT, 1965.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner-accused under Section 438 of Code of Criminal Procedure to grant anticipatory bail in Cr.No.11/2018-19 registered by the respondent – Excise Inspector, Chikkamagaluru Sub-Division, Chikkamagaluru District, for the offences punishable under Sections 13(1)(a), 13(1)(f), 32(1) and 38(A) of the Karnataka Excise Act, 1965.
2. The allegation against the petitioner is that the petitioner is said to have stored 100 liters of Molasses in his garden land for the purpose of preparation of illicit liquor. The Excise Police is said have seized the same under panchanama. The petitioner contended that he is innocent and he has been falsely implicated in the aforesaid offences. He has no such molasses in his land. He is ready to abide by any of the conditions imposed by this Court. Hence, he prays to grant anticipatory bail by allowing this petition.
3. Per contra, learned HCGP for the respondent/State contended that the petitioner is required for custodial interrogation. If the petitioner is granted bail, he may abscond and commit similar offences and hence, prayed for dismissal of the petition.
4. Heard learned counsel for the petitioner and learned HCGP for the respondent/State.
5. Upon hearing the arguments, it is seen from the record that the Excise Police alleged to have seized molasses in the land belonging to the petitioner. Investigation is still pending and the offences are punishable neither with imprisonment for life or death. The petitioner was not apprehended by the respondent on the spot. Therefore, considering the facts and circumstances of the case, I feel it is a fit case to grant anticipatory bail to the petitioner by imposing certain conditions that will meet the ends of justice.
6. Accordingly, the petition is allowed. The respondent – Excise Inspector is directed to release the petitioner/accused on bail in the event of his arrest for the offences punishable under Sections 13(1)(a), 13(1)(f), 32(1) and 38(A) of Karnataka Excise Act, 1965 registered by the respondent – Police Station in Crime No.11 of 2018-19, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety for the likesum to the satisfaction of the Investigating Officer or the concerned trial Court;
(ii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) Petitioner shall not indulge in similar offences;
(iv) Petitioner shall surrender before the Investigating Officer within fifteen days from the date of receipt of this order; and.
(v) Petitioner shall appear before the Investigating Officer once in a week on every Monday between 10 a.m. to 4 p.m. for three months or till filing of charge sheet whichever is earlier.
Sd/- JUDGE ca