IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2795/2019 BETWEEN:
SHIVA KUMAR, S/O MAHADEVANNA, AGED ABOUT 28 YEARS, R/O NO.760, 10TH MAIN 3RD BLOCK, 3RD STAGE, BASAVESHWARA NAGARA, BENGALURU-79 ... PETITIONER (BY SRI V.PANDURANGA NAYAK, ADVOCATE) AND:
STATE OF KARNATAKA BY KIRUGAVALU POLICE STATION, REPT BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. .. RESPONDENT (BY SRI HONNAPPA, 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.108/2013 OF KIRUGAVALU P.S., FOR THE OFFENCE P/U/S 32 AND 34 OF KARNATAKA EXCISE ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the records.
2. The only allegation made against this petitioner is that the petitioner has been running a Bar and Restaurant in the name and style ‘Chetan Bar and Restaurant’ at Thaggahalli village. It is alleged that accused Nos. 1 and 2, who were actually caught by the respondent-Excise department personnel on the allegations that they were distributing arack pouches after taking same from the Bar and Restaurant of this petitioner. Except that there are no allegations against this petitioner that he was personally indulged in selling or transporting Arack pouches. Looking to the above said facts and circumstances, the relationship between accused Nos. 1 and 2 and this petitioner has to be established during the course of trial that accused No.3 was also colluded and he actually directed accused Nos. 1 and 2 and sent those Arack pouches for the purpose of distribution. Under the above said circumstances, looking to the nature of allegations and facts of the case and offences not being punishable either with death or imprisonment for life, I am of the opinion that the petitioner is entitled to be enlarged on anticipatory bail as prayed for. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.108/2013 of Kirugavalu police station of Mandya District, for the offence punishable under Section 32 of the K.E.Act, 1965 subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs. 50,000/- 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 he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE ln.