IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6019/2019 BETWEEN:
Sri.Muddappa Devia K., S/o K.P.Devia, Aged about 38 years, R/at No.C-1, Meenakshi Apartment, Nagappareddy Layout, Kaggadasanapura East, C.V.Raman Nagara, Bangalore – 93.
…Petitioner (By Sri. Rakshith R., for Sri.S.Shankarappa, Advocates) AND:
The State of Karnataka, By Excise Police, Bagepalli, Represented by HCGP, High Court of Karnataka, Bangalore – 01.
... Respondent (By Sri.Rohith B.J., 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.55/2018-19/206IE/120606 registered by Bagepalli Police Station, Chikkaballapura for the offence P/U/S 11, 14, 32(1), 38(A) and 43(A) of Karnataka Excise Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. The petitioner is arraigned as accused No.1 in FIR No.55/18-19 on the file of the respondent – Excise Department.
3. The brief facts of the case are that, on 14.04.2019, the SST team leader has intercepted the vehicle – a Volkswagen car bearing registration No. KA-51-MD-7334, wherein a lady and one person were traveling along with a child. On searching the said car, the complainant found 10 bottles of Rockford reserve fine square whisky, each bottle containing 750 ml. He actually seized the said whisky bottles and left the accused person to go away, on the ground that the said lady was suffering stomach ache and on their request, he left them. Thereafter, it appears, anticipatory bail petition was filed before the Principal District and Sessions Judge, Chikkaballapura. The same came to be rejected. Hence, the petitioner is before this Court.
4. There is no material placed before the Court whether any sample was taken out from the seized articles and sent to FSL. Even the learned HCGP is unable to produce any material to show that any procedure has been followed for the purpose of seizure of the said articles and also sending of any sample to the FSL.
5. Looking to the above facts and circumstances, the happening of the incident is doubtful. Hence, in my opinion, the petitioner is entitled to be enlarged on bail.
6. However, this Court has observed that when the Investigating Officer or the Excise Inspector who seized the said articles intercepting the car, though has come to the conclusion offence has been committed, he left the accused persons, wherein he has no power or jurisdiction. Whether in such manner accused are left free for the purpose of approaching courts for grant of anticipatory bail, the Court feels that there is a smell of collusion between the accused and the said officer. Therefore, I feel it just and necessary to send a copy of this order to the Commissioner, Excise Department, so as to enquire into the matter to prove the truth or genuinity of the contents of the First Information Report and if need arises, to take action against such person who has left the accused persons knowing fully well that the offence has been committed, so as to guide the Officers in future as to how they have to behave when investigating a particular case in the Excise Department.
7. With the above observations, I pass the following:
ORDER The petition is allowed. Consequently, the petitioner (accused No.1) shall be released on bail in the event of his arrest in connection with Cr.No.55/2018-19- 1206IE/120606 of Bagepalli Police station, Chikkaballapura, for the offence punishable under Sections 11, 14, 32(1), 38(A) and 43(A) of Karnataka Excise Act, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer in Cr.No.55/2018-19-1206IE/120606 of Bagepalli Police station, Chikkaballapura, for the offence punishable under Sections 11, 14, 32(1), 38(A) and 43(A) of Karnataka Excise Act, within ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the like-sum to the satisfaction of the trial Court.
ii) The petitioner shall not indulge in hampering the investigation and tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates as and when he is summoned by the trial Court.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the trial Court, till the case registered against him is disposed of.
v) The petitioner shall mark his attendance once in 15 days i.e., 1st and 15th of every month before the jurisdictional Police station, till the trial is concluded.
mgn/-
Sd/- JUDGE