This is an application filed by the accused in Crime No.46 of 2014 of Kumbla Excise Range Office for regular bail under Section 439 of the Code of Criminal Procedure.
2. The case of the prosecution in nut shell was that on 16.09.2014 at about 06.15 p.m. the accused was found to be in possession of 11 bottles of Indian Made Foreign Liquor each containing 180 ml. intended to be sold in Karnataka only in violation of provisions of the Abkari Act and thereby he had committed the offences punishable under Sections 55(a) and 58 of the Abkari Act.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. He is in jail from 16.09.2014 onwards.
4. The application was opposed by the Public Prosecutor on the ground that investigation is still in progress.
5. Heard both sides and perused the case diary file.
6. It is seen from the case diary file that the petitioner was arrested on 16.09.2014 along with 11 bottles of Indian B.A.No.7395 of 2014 2 Made Foreign Liquor each containing 180 ml. intended to be sold in Karnataka State alone with a glass and he is in jail from that day onwards. Further, it is seen from the report of the investigating officer that the petitioner is an accused in Crime Nos.40 of 2013 and 49 of 2013 of same Excise Range of committing similar offences and while, he was in bail in those cases, he had committed this crime as well. So the apprehension of the prosecutor that if he is released on bail, he is likely to repeat similar offences cannot be ruled out. So under such circumstances, this court feels that it is not a fit case to grant bail to the petitioner at this stage and the application is liable to be rejected.
In the result, this application is rejected.
Sd/-
K.RAMAKRISHNAN.
JUDGE.
AS /True Copy/ P.A. to Judge