IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF AUGUST, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION No.6025 OF 2017 BETWEEN:
PADMEGOWDA S/O LATE THIMMEGOWDA AGED ABOUT 45 YEARS R/O CHANNAPURA VILLAGE KASABA HOBLI, BELUR TALUK HASSAN DISTRICT – 573 115 …PETITIONER (BY SRI.PRASANNA D.P., ADV.) AND:
STATE OF KARNATAKA BY BELUR EXCISE POLICE BELUR – 573 115 REPRESENTED BY S.P.P HIGH COURT COMPLEX BENGALURU – 560 001 …RESPONDENT (BY SRI. CHETAN DESAI, 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 CR.NO.14/2016-17/ 2006SIE1/200606 OF BELUR EXCISE POLICE STATION, HASSAN FOR THE OFFENCES P/U/S 13(1)(A), 32(1) AND 38(A) OF KARNATAKA EXCISE ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The petitioner apprehends arrest by the respondent Police in their Crime No.14/2016-17 registered in respect of the offences punishable under Sections 13(1)(a), 32(1), 38(A)of the Karnataka Excise Act 1965.
3. The allegation is, residence of the petitioner was raided by the Investigating Officer and two liters of illicit liquor was seized.
4. Learned counsel for the petitioner submits that this petitioner residence was raided under the false impression that he is manufacturing illicit liquor. When no such implements could be seized, the Investigating Officer has created a false mahazar which he disputes. He is a respectable person in the locality, if anticipatory bail is granted he will appear before the Investigating Officer and co-operate for further investigation.
5. In the facts and circumstances of the case, petition is allowed. The petitioner is granted anticipatory bail in Crime No.14/2016-17 registered by the respondent police, subject to the condition that he shall appear before the Investigating Officer forthwith and in that event, the Investigating Officer is at liberty to interrogate him.
In the event of his arrest in the above case he shall be released on bail on executing a self bond for Rs.50,000/- (Rupees Fifty Thousand only) with one local solvent surety for the likesum to the satisfaction of the concerned court.
Sd/- JUDGE KLY/