IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.7098/2017 BETWEEN:
Smt. Puttathayamma Aged about 58 years W/o late P. Kantharaju R/at No.1594, 3/1, Main Road, E and F Block, Ramakrishnanagar, Mysuru-570 022.
(By Sri P. Nataraju, Advocate) AND:
State of Karnataka By Santhemarahalli Police Station Chamarajanagar District Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
... Petitioner ... 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 her arrest in Crime No.12/2017 of Santemarahalli Police Station, Chamarajanagar and C.C.No.179/2017, which is registered for the offences punishable under Sections 32, 34 and 36(B) of Karnataka Excise Act r/w Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the court made the following:
O R D E R This petition is filed by the petitioner - accused No.2 under Section 438 of Cr.P.C. seeking anticipatory bail to direct respondent – Police to release the petitioner on bail in the event of arrest of the petitioner for the alleged offences punishable under Sections 32 and 34 of the Karnataka Excise Act. But, subsequently even the offence punishable under Section 36(B) of the Karnataka Excise Act was also inserted basing on the statement of accused No.1 registered in respondent – Police Station Crime No.12/2017.
2. Brief facts of the case is that on 16.01.2017 at about 8.30 p.m., when the Police were on patrolling duty near Adijambava Street in Santhemarahalli and proceeding near the hotel of Balu on Yelandur – Santhemarahalli Main Road, they noticed that one person was coming from Santhemarahalli side in a TVS XL Moped and on suspicion they have stopped the Moped and found that in one plastic bag cover there were 30 Hayward cheers whiskey pouches of 90 M.L. each and the said person was not having licence to transport the same and on enquiry, he revealed his name as Raju and informed that he was taking the liquor to sell the same for higher price. Police have arrested the said person, conducted the mahazar and registered the case. During the investigation, the present petitioner is also implicated as accused No.2 basing on the statement made by accused No.1.
3. Heard the arguments of the learned counsel appearing for the petitioner and also the learned HCGP for the respondent – State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case.
5. It is the contention of the petitioner herein that she is the licence holder and under the licence, she is selling the liquor. It is also the contention that only on the basis of statement of accused No.1, she has been arraigned as accused No.2 in the case. The further contention is that there is no prima-facie material as against the present petitioner.
6. Looking to the materials placed on record, prima-facie as she is the licence holder and she has undertaken that she is ready to abide by any reasonable conditions to be imposed by the Court and alleged offence under the Excise Act are also not exclusively punishable with death or imprisonment for life, petition is allowed. The respondent-Police is directed to enlarge the present petitioner – accused No.2 on bail in the event of her arrest for the alleged offences punishable under Sections 32, 34 and 36(B) of Karnataka Excise Act registered in respondent - police station Crime No.12/2017, subject to the following conditions:
i) Petitioner has to execute a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii) Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii) Petitioner has to make herself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv) The petitioner has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Since the main petition is disposed of, application I.A.No.1/2017 for interim bail does not survive for consideration and it is disposed of accordingly.
Sd/- JUDGE ca