KABC010090102024
IN THE COURT OF THE LXII ADDL.CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY [CCH.63]
Dated: This the 8 th day of April 2024
Present: Sri. A. EARANNA, M.Com., L.L.M.,
LXII Additional City Civil & Sessions Judge,
Bengaluru City.
Crl.Misc.No.3198/2024
Petitioner
Balu M
S/o Muthu L,
Aged about 57 years
R/at # U31, 1st Cross
Dayananda Nagar, Srirampuram
Bengaluru-560 021
(By Aravind Kumar A, Advocate).
Vs.

Respondent:
State by Excise P S Subramanyanagar
Range
Police station,
Bengaluru.
Rep. by Public Prosecutor.
OR D E R
The petition is filed by the petitioner/accused under
Section 438 of Cr.P.C for an order of anticipatory bail.

2
2.

Crl.Misc.No.3198/2024
On the strength of complaint the Excise P S
Subramanyanagar Range police have registered the case in
Crime No. 30/2023-24/3609/E/360909 for the offence
punishable under Sections 11, 15, 32, 38(A) of Karnataka
Excise Act, pending on the file of 32nd ACMM, Bengaluru.
3.

In the bail petition, it is contended that the
petitioner is innocent and he has not committed the alleged
offences. The petitioner has been falsely implicated in the
above case. The respondent police are making hectic efforts
to arrest the petitioner and hence, on genuine apprehension
of his imminent arrest by the respondent Police, the
petitioner has been constrained to file this petition for
anticipatory bail.

Petitioner is hailing from a respectable
family and has no previous bad antecedents and he has got
deep roots in the society.

Petitioner is the permanent
resident of the address mentioned in the cause title. The
petitioner is ready to abide by any conditions that may be
imposed by the court and he is ready to co-operate with the
I.O. during investigation and he is ready to furnish surety
to ensure his regular attendance before the concerned
Court. Inter alia, on these grounds, the petitioner prays to
allow the bail petition.
4.

Whereas, the learned Public Prosecutor filed
objection along with report of I.O., by contending that the
petitioner has committed the offences punishable under
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Crl.Misc.No.3198/2024
Sections 11, 15, 32, 38(A) of Karnataka Excise Act. At this
stage, the petitioner is granted with anticipatory bail, the
petitioner may threaten the prosecution witnesses and he
may destroy the prosecution evidence or he may commit the
similar kind of offences and the possibility of petitioner
fleeing away from justice cannot be ruled out. Inter alia, on
these grounds, the learned Public Prosecutor prays to
dismissal of the bail petition.
5.

Heard both sides. Perused the record.

6.

Following points arise for consideration of this
Court:
1.

Whether the petitioner has made out
ground to enlarge him on anticipatory
bail under Section 438 of Cr.P.C.?

2.

What Order?

8.

My findings on the above Points are as
follows:
Point No.1 Ц In the Affirmative
Point No.2 – As per Final Order, for the
following:
R E A S ON S
9. Point No.1: Counsel for the petitioner argued that
the petitioner has
not at all committed any offence as
alleged by the respondent excise police.

The respondent
excise police have falsely registered the case against the
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Crl.Misc.No.3198/2024
petitioner. The petitioner is the law abiding citizen having
deep root in the society. If the petitioner got arrested, then
his name and reputation will be spoiled in the society as
well as in the family. Therefore he prays to allow the bail
application.
10.

Learned Public Prosecutor have argued that the
petitioner was having 750 ml 7 bottles of Black and White
Whiskey and 750ml 1 bottle of Amrit Amalam Whiskey he
was taking liquor to an extent of total 6.00 liters without
having permission. Inspite of it, petitioner transporting the
liquor. Then the excise police have lodged the complaint
against the petitioner. The case is under investigation. If
the petitioner is released on bail then there is chances of
abscond and there is chances of destroying the material
objects and threaten the prosecution witnesses and he may
commit the similar kind of offences. Therefore she prays to
reject the bail application.
11. On perusal of the prosecution case, as per the
directions
of
the
Joint
Commissioner
of
Excise,
Enforcement and investigation Bengaluru Division North
and Deputy Commissioner of Excise Bengaluru City (BUD1), Deputy Superintendent of Excise, Sub-division-2 has
been appointed for patrolling in and around Bengaluru,
due to protocall of measures of Lk Sabha Elections 2024/
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Crl.Misc.No.3198/2024
The respondent police while patrolling near Mahalakshmi
Layout Assembly Constituency have received credible
information that a person riding grey colour Honda Activa
two wheeler bearing No.KA-02-HY-3974 was passing in
front of insurance Building, Dr. Rajkumar road, 1 st Phase,
Rajajinagar,
Bengaluru,
the
respondent
police
found
defense liquor in the white bag. The respondent checked te
bag and found two brands 750 ml 7 bottles of Black and
White Whiskey and 750ml 1 bottle of Amrit Amalam
Whiskey in all 6.00 ltrs of liquor. The petitioner with
intention to sell the medium which is permissible only for
defence purpose.

Then the complainant had lodged the
complaint. Based on the complaint the excise police have
registered the case in Cr.No.30/2023-24/3609/E/360909
for the offence punishable under Sections 14 ,15, 32(1) and
43 of Excise Act. As per the records that the complainantexcise police have seized the above said liquor.
12. As per the complaint averments, the complainant
was patrolling, he came to know that the petitioner was
illegally transporting and selling the liquor.

When the
complainant went for search, found the illegal liquor with
him. Meanwhile, the petitioner knocked the doors of justice
stating that the respondent may try to arrest him and send
him to behind the bars. Therefore, he prays to grant the
anticipatory bail. As per the records the police have issued
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Crl.Misc.No.3198/2024
the notice U/s 41(a) of Cr.P.C. The petitioner stated that he
is an ex-service man of the Defense and having a valid
identity card having No.KRT-06-25340 and alleged bottles
were purchased in CSD. The petitioner was permissible to
purchase four bottles per month. Since the petitioner being
ex-service man and as per CSD policy the petitioner herein
was entitled for the advance bottles i.e., roll over policy. The
petitioner has stated he has not committed any offence as
alleged by the respondent Hence he prays to allow the
appeal.
13.

Normally in the Bengaluru city number of liquor
shops were selling the liquor with permission from the Govt.
When liquor shops are selling the liquor, then there is no
necessity to purchase the liquor from the individual person,
that too from the person who was taking the liquor illegally.
The counsel for the petitioner argued that the petitioner is
the innocent person and has not committed any offence.
On perusal of the above said sections, that
the alleged
offences are not punishable with death or imprisonment for
life and the alleged offences are triable by the Court of
Magistrate.
14. The apprehension of the prosecution is that the
petitioner may tamper and hamper with the prosecution
witnesses, flee away from justice can be taken and
Crl.Misc.No.3198/2024
7
safeguarded by imposing some suitable conditions. Hence
by considering all these aspects, I am of the opinion that
the petitioner is entitled for bail and accordingly, I answer
the above Point No.1 in the Affirmative.
15. Point No.2: In view of my findings on Point No.1,
I proceed to pass the following:
OR D E R
The anticipatory bail petition filed by
the petitioner under Section 438 of Cr.P.C is
hereby allowed.
The
directed
respondent
police
to
the
enlarge
are
hereby
petitioner
on
anticipatory bail in the event of his arrest in
Crime No.30/2023-24/3609/E/360909 of
respondent Police Station for the offence
punishable under Sections 11, 15, 32, 38(A)
of Karnataka Excise Act, on execution of his
personal bond for Rs.1,00,000/- with one
surety for the like sum to the satisfaction of
learned 32nd ACMM, Bengaluru, on the
following conditions:
1.The petitioner shall join investigation
and co-operate with I.O for investigation.

Crl.Misc.No.3198/2024
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2. The petitioner shall not tamper with
the prosecution evidence or influence the
prosecution witnesses directly or indirectly
in any manner.
3. The petitioner shall not indulge with
offence of like nature.
4. In case, if the petitioner violates any
of the above mentioned conditions, the
prosecution
is
at
liberty
to
move
an
application in such cases for cancellation of
bail.
(Dictated to the Stenographer, typed by her directly on computer,
printout taken thereof is corrected, signed and then pronounced by me
in Open Court on this the 8 th day of April 2024).

(A. EARANNA)
LXII Addl. City Civil & Sessions Judge,
Bengaluru City.