IN THE COURT OF LXIX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH 70)
Present:
Sri. Rajesh Karnam.K,
B.Sc.,LL.B.,LL.M.,
LXIX Additional City Civil and
Sessions Judge, Bengaluru.

Dated this the 24th day of January, 2023
Crl. Misc. No.520/2023
PETITIONER
:
Anand N
S/o Narayana M.C.,
aged about 47 years,
CLн2 Licensee,
Renuka Wines,
# 185, 3r Main, 2nd Block,
Shakthi Garden,
Kalyanagar, Nagarbhavi,
Bangalore
Also residing at
No.1438, Sopundarya,
2nd Cross, 1st Stage,
2nd Phase,
Near Good Will apartment
Chandra Layout,
Bangalore
(Accused No.3)
(By Sri.M.S.G ., Advocate)
Vs.

RESPONDENT :
State by;
By Inspector of Excise,
Vijayanagar Rangeн19,
(BUDн03), Subdivн06
Bangalore City.

Crl.Misc.No. 520/2023
(By Public Prosecutor)
ORDER ON BAIL PETITION FILED
U/SEC. 438 OF CR.P.C.
This application filed under 438 of Cr.P.C seeking
anticipatory bail to the petitioner. The petitioner
submits the jurisdictional Vijayanagar Range Exercise
Inspector has registered crime No.34/2022н23 for the
offences punishable under Sections, 14, 15 r/w 32(1),
38 (A) and 43 of Karnataka Excise Act.
2.

The
complaint
has
registered
on
14/12/2022 at about 7.45 a.m as per the directions of
the Joint Commissioner (EIB), Bangalore North, and
Dy.

Commissioner
of
Excise,
BUDн3
and
Dy.

Superintendent of Excise, BUDн6 along with inspector
of Excise Vijaynagara Range No.19, from beet duty
within their jurisdictional limits. On receiving credible
information inspected the premises No.185 located
above Sri. Yellamma Condiments at 3 rd Main Road, 2nd
Block, Shakti Garden, Kalyananagara, Nagarabhav.
The accused alleged to have been made stock of liquor
without valid document of license so has to went the
same to public.

Accordingly complainant and staff
conducted spot inspection and found 12.96 Ltrs of IML
Crl.Misc.No. 520/2023
of different brand and 5.200 Lts Beer Bottles without
valid documents.

Accordingly issued notice under
Sec.41 A (1) of Cr.P.C and seized the articles namely
liquor. The respondent registered crime and though in
the spot accused was set free has been harassed and
going to be arrest accordingly has come up with this
bail application.
3.

The grounds of petitioner, petitioner is a
licensed authorized person having license to carry out
his business the present petitioner accused No.3 is a
CLн2 Licensee the liquor seized are all licensed liquor
and this accused is ready to abide by any of the
conditions
that
may
be
imposed
by
this
court
accordingly seeks anticipatory bail.
4.
the
bail
Learned PP has filed objection submitting
application
filed
by
the
petitioner
unsustainable. The investigating officer
is
on being
having specific information has conducted raid.

The
investigation is still pending the petitioner is released
on bail he may tamper prosecution witnesses and even
cause delay in conclusion of the investigation and also
trial. Accordingly seeks rejection of bail application.
5.

The IO has submitted CD and also reports
accused should not release since accused has caused
Crl.Misc.No. 520/2023
lost to the exchequer if he released on bail may cause
delay in the conclusion of investigation.
6.

On
basis
of
materials
points
for
consideration are as under:
7.

i.

Whether petitioner bail application
under Section 438 is to be allowed as
prayed?

ii.

What order?

My findings on the above points are as
follows:
Point No.1: In the affirmative;
Point No.2: As per final order
For the following
REASONS
8.
license
The petitioner is having a licensed as a CLн2
holder
who
has
obtained
license
as
on
02/07/2022 the copy is placed he is holding license for
the address No.185, 3rd Main road, 2nd Block, Shakthi
Garden, Kalyananagara he is having residence at good
will
apartment,
Chandralayout,
Vijayanagara
and
license has been given to sell the liquor in Nagarbhavi.
On going thorugh the material on conditional bail.
9.

On going through the material on record on
hearing at this stage the IO has released the petitioner
on personal bond before the IO himself. The petitioner
Crl.Misc.No. 520/2023
is a licensed shop owner of liquor as such if he is not
released on conditional bail will Jeopadise his day to
day
business
circumstances
punishable
seems
as
with
the
reasonable.
alleged
imprisonment
Under
offence
for
life
are
or
such
not
death
accordingly petitioner granted conditional bail. As such
the present bail application is allowed. Accordingly, the
petitioner is considered and point for my consideration
Affirmative.
10. Point No.2:н In view of my findings on point
No.1, I proceed to pass the following:
ORDER
The petition filed by the petitioner U/Sec. 438 of
Cr.P.C., is hereby allowed.
In the event of arrest, respondent police is
directed to release the petitioner in connection with
case
in
crime
No.34/2022н23
for
the
offences
punishable under Sections, 14, 15 r/w 32(1), 38 (A)
and 43 of Karnataka Excise Act.

On executing
personal bond of Rs. 50,000/н bond amount and self
surety of their own property/ close relative one surety
for the likesum and cash surety of Rs. 5000/н on the
following conditions.
CONDITIONS
Crl.Misc.No. 520/2023
(1) The petitioner shall appear before the IO within 10
days from the date of receipt of this order.
(2) He shall not threaten the prosecution witnesses
directly or indirectly.
(3) The petitioner shall not indulge in any offences .
(4) The petitioner shall furnish the correct address
proof before the trial court.
(5) The petitioner shall appear before the court
regularly.
(6) The petitioner shall pay cash surety of Rs. 5,000/н.
(7) The petitioner shall approach the trial court for
regular bail within one month.
(8) He shall not leave the jurisdiction of the court
without prior permission.
(Dictated to the Stenographer on computer, script
corrected, signed and pronounced by me in open court on this
the 24th day of January, 2023)
(Rajesh Karnam K)
LXIX Addl.C.C. & Sessions Judge (CCHн70)
Bengaluru.

Crl.Misc.No. 520/2023
(Order pronounced in open court, vide separate
ORDER
The petition filed by the petitioner U/Sec. 438 of
Cr.P.C., is hereby allowed.
In the event of arrest, respondent police is
directed to release the petitioner in connection with
case
in
crime
No.34/2022н23
for
the
offences
Crl.Misc.No. 520/2023
punishable under Sections, 14, 15 r/w 32(1), 38 (A)
and 43 of Karnataka Excise Act.

On executing
personal bond of Rs. 50,000/н bond amount and self
surety of their own property/ close relative one surety
for the likesum and cash surety of Rs. 5000/н on the
following conditions.
CONDITIONS
(1) The petitioner shall appear before the IO within 10
days from the date of receipt of this order.
(2) He shall not threaten the prosecution witnesses
directly or indirectly.
(3) The petitioner shall not indulge in any offences .
(4) The petitioner shall furnish the correct address
proof before the trial court.
(5) The petitioner shall appear before the court
regularly.
(6) The petitioner shall pay cash surety of Rs. 5,000/н.
(7) The petitioner shall approach the trial court for
regular bail within one month.
(8) He shall not leave the jurisdiction of the court
without prior permission.

LXIX ACC & SJ,.
Bengaluru
Crl.Misc.No. 520/2023