IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.9411/2018 BETWEEN :
1. Sri Afrooz @ Khalandar Khan S/o Afeezulla Khan Aged about 48 years Residing at Adigarakallahalli Village Sarjapura Hobli, Anekal Taluk-562 106 Bengaluru Urban District.
2. Sri Jahangir S/o Afeezulla Khan Aged about 46 years Residing at Adigarakallahalli Village Sarjapura Hobli, Anekal Taluk-562 106 Bengaluru Urban District.
(By Sri Fayaz Sab B.G., Advocate) AND :
The State of Karnataka by Excise Sub-Inspector, Implementation and Enquiry, Anekal-562 101.
Represented by State Public Prosecutor High Court Building, Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) … Petitioners … Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Crime No.06/2007 (C.C.No.1754/2008) registered by the Excise Sub- Inspector, Anekal for the offences punishable under Sections 11, 13, 14, 32(1), 34, 38A and 43 of Karnataka Excise Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.2 and 3 under Section 438 of Cr.P.C. praying to release them on anticipatory bail in CC.No.1754/2008 (Crime No.6/2007) on the file of Civil Judge and JMFC at Anekal registered by the Excise Sub-Inspector, Anekal for the offences punishable under Sections 11, 13, 14, 32(1), 34, 38A and 43 of the Karnataka Excise Act.
2. I have heard the learned counsel for the petitioners and the learned HCGP for the respondent- State.
3. It is the submission of the learned counsel for the petitioners that the petitioners were not aware of the fact of registering of the case since 2007. He further submitted that the petitioners have been falsely implicated in the said crime only with an intention to harass them. The alleged offences are not punishable with death or imprisonment for life. He further submitted that already investigation has been completed and the charge sheet has been filed. Petitioners are not required for the purpose of interrogation or investigation. They are ready to abide by any conditions imposed by this Court and ready to offer sureties. On these grounds he prayed to allow the petition.
4. Per contra, the learned HCGP vehemently argued and submitted that the petitioners are absconding since 2007 and were not available for the purpose of interrogation or investigation and hence absconding charge sheet has been filed as against them. She further submitted that though the alleged offences are not punishable with death or imprisonment of life, they are having effect on the society and if the petitioners are released on anticipatory bail, they may indulge in similar type of criminal activities. On these grounds, she prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
6. It is alleged in the complaint that on 6.9.2007 at about 5.00 a.m. on credible information, the Excise officials went to the place and noticed preparing and selling of illegal liquor in the house of the accused and when they made a raid the accused persons fled away from the said place. On the basis of the same, a case has been registered. After completion of investigation, the charge sheet has been filed. It is the specific contention of the petitioners-accused that there is no registration of the case and filing of the charge sheet and the petitioners are not absconding and they are residing in the given address. No notice has been served by the Court and no NBW has been issued. Be that as it may, the alleged offences are not punishable with death or imprisonment for life. The petitioners are intending to face the trial and ready to abide by any conditions imposed by this Court and ready to offer sureties. Under such circumstances, I feel that by imposing some stringent conditions, if the petitioners are ordered to be released on anticipatory bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused Nos.2 and 3-petitioners herein are granted anticipatory bail. In the event of their arrest in CC.No.1754/2008 (Crime No.6/2007) on the file of Civil Judge and JMFC at Anekal registered by the Excise Sub-Inspector, Anekal for the offences punishable under Sections 11, 13, 14, 32(1), 34, 38A and 43 of the Karnataka Excise Act, accused Nos.2 and 3-petitioners herein are ordered to be released, subject to the following conditions:-
i) Each of the petitioners shall execute personal bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) They shall surrender before the trial Court within fifteen days from today.
iii) They shall not tamper with the prosecution evidence in any manner.
iv) They shall be regular in attending the trial.
v) They shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE *ck/-