KABC010087872024
IN THE COURT OF LXV ADDL CITY CIVIL & SESSIONS JUDGE,
BENGALURU CITY (CCH-66)
PRESENT
SHRI. HEMANTH KUMAR. C.R.
B.A.L., L.L.B.,
LXV Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 5 th day of April, 2024
Crl.Misc.No. 3117 of 2024
PETITIONER :-
SHIVA SHEKAR
S/o Chandregowda,
Aged about 36 years,
Presently residing at
No.85, 6th Cross,
Kamakshipalya,
Magadi Road,
BENGALURU
Also permanently residing at
Halemirle Village,
Natanahalli Post,
K.R.Nagara Taluk,
Mysore District.
(Accused)
(By Sri. Ramesha Gogi, Advocate)
V/s.

2
RESPONDENT :-
Crl.Misc.No.3117/2024
STATE OF KARNATAKA,
By Inspector of Exice,
Range-Basaveshwaranagara,
(BUD-03), BENGALURU City
Reptd. by Public Prosecutor,
City Civil & Sessions Court
BENGALURU CITY
(Rep. by Public Prosecutor)
ORDER ON PETITION FILED UNDER
SECTION 438 OF CR.P.C
This petition is filed under Section 438 of Cr.P.C., seeking
anticipatory bail directing the respondent police to enlarge the petitioner
on bail in the event of his arrest in FIR No.69/2023-24 for alleged
offences punishable under Sections 13(1)(A), 14, 15, 32(1) of
Karnataka Excise Act pending on the file of Hon’ble 24th ACMM,
Bengaluru in the interest of justice.
2.

Brief facts of the case.-
That on 21.03.2024 the respondent police have registered a case
against the accused for alleged offence punishable under Sections
13(1) (a), 14, 15, 32(1) of Karnataka Excise Act in their Cr.No.69/202324 which is a Sue-mote case registered by the police officer of the
respondent station.
3.

It is alleged in the complaint that, the complainant was on
election duty, due to which he is on beat and received a credible
information that, one person illegally store the contrabond and sale the
same, immediately he went to the spot i.e., Opp.Sai Enterprises, 3rd
Cross, Vrushabhavathi Nagara, Kamakshipalya, Bengaluru found the
alleged contrabad i.e., 45 numbers of Hayward Pouch Whisky 90
Ml.Tetra Pack, the complainant and his staff alleged to have been found
4.050 Ltrs and seized by the respondent police and have registered a
case against the culprits and issued the notice under Section 41A(1) of
3
Crl.Misc.No.3117/2024
Cr.P.C. The respondent officials registering the case against the
accused persons making hectic efforts to arrest the present petitioner
as accused on the guise that he is the owner of the vehicle. The
petitioner being innocent of the alleged offences and apprehending his
arrest approached this court seeking grant of anticipatory bail on the
following grounds:4.

The petitioner being innocent of the alleged offences and
apprehending his arrest approached this court seeking grant of
anticipatory bail on the following grounds. The petitioner submits that
he is absolutely innocent of the alleged offences and have got valid and
good tenable defense. The petitioner have no knowledge nor
reasonable belief of the alleged offences but he has been falsely
implicated in the above false case. The petitioner never committed such
offences as alleged by the complainant. On reading the complaint of
complainant there is no prima facie is made out against the present
petitioner and it is only a fictitious story of the complainant just to make
out a semblance of offences against the innocent petitioner to register a
case for their statistical purposes.
5.

The petitioner not at all aware of the case, he is standing
near to his house and waiting for his relatives, in that time the
respondent police have come to spot and took information and falsely
implicated him, now the respondent police have making hectic efforts to
arrest the petitioner, but the petitioner at any point of time involved
either directly or indirectly to the above said case. The petitioner have
no knowledge nor reasonable belief of the alleged offences, but he has
been falsely implicated in the case nothing beyond it. At no point of time
the petitioner have involved or associated in the alleged crime either
directly or indirectly but he has been falsely implicated in the said case
only for the sake of securing the culprits. The petitioner was not at all
4
Crl.Misc.No.3117/2024
aware of the alleged crime, he came to know about the seizure of the
alleged contraband in the alleged premises, hence the petitioner
apprehending his arrest approached this court for necessary relief. On
reading the entire case records there is no mention of single specific
overtact attributed by the present petitioner. The alleged offences are
not punishable either with death or imprisonment for life.
6.

The petitioner hails from a respectable family and having
deep roots in the society, if he is arrested for no fault of him, he will be
put to untold hardship and mental agony. The petitioner is a bread
earner of his family and he is doing collie and he is only person to take
care of his aged parents and small school going kids, if he arrested by
the respondent police, the dependents will be put to great hardship and
mental agony, which cannot be compensate in any means. The
petitioner is ready and willing to abide by any terms and conditions that
may be imposed by this court and ready to furnish surety to the
satisfaction of this court. Since the instant matter is a Sue-motto case
registered by the officer of the respondent station, as question of
tampering the witnesses does not arise at all.
7.

After service of notice, the learned Public Prosecutor has
appeared and filed objection contending that the complaint averments
prima facie shows that the petitioner has committed the alleged
offences and learned Public Prosecutor has also contended that as the
case is still under the stage of investigation at this stage, if the bail
petition of the petitioner is allowed there is every chance of
of the
petitioners threatening the prosecution witnesses, destroying the
evidence, abscond and hamper the trial. Hence, prays to reject the bail
petition.
8.

Heard the arguments. Now the points that arise for my
consideration:-
5
9.

Crl.Misc.No.3117/2024
1.

Whether the petitioners have made out
sufficient ground to allow the petition
filed under Section 438 of Cr.P.C?

2.

What order?

My answer to the above points are.Point No.1:–
In the Affirmative
Point No.2:–
As per final order
for the following
REASONS
10.

Point No.1:-
The petitioner counsel has addressed the
arguments contending that the petitioner being innocent of the alleged
offences and apprehending his arrest approached this court seeking
grant of anticipatory bail on the following grounds.

The petitioner
submits that he is absolutely innocent of the alleged offences and have
got valid and good tenable defense. The petitioner have no knowledge
nor reasonable belief of the alleged offences but he has been falsely
implicated in the above false case. The petitioner never committed such
offences as alleged by the complainant. On reading the complaint of
complainant there is no prima facie is made out against the present
petitioner and it is only a fictitious story of the complainant just to make
out a semblance of offences against the innocent petitioner to register a
case for their statistical purposes.
11.

The petitioner not at all aware of the case, he is standing
near to his house and waiting for his relatives, in that time the
respondent police have come to spot and took information and falsely
implicated him, now the respondent police have making hectic efforts to
arrest the petitioner, but the petitioner at any point of time involved
either directly or indirectly to the above said case. The petitioner have
6
Crl.Misc.No.3117/2024
no knowledge nor reasonable belief of the alleged offences, but he has
been falsely implicated in the case nothing beyond it. At no point of time
the petitioner have involved or associated in the alleged crime either
directly or indirectly but he has been falsely implicated in the said case
only for the sake of securing the culprits. The petitioner was not at all
aware of the alleged crime, he came to know about the seizure of the
alleged contraband in the alleged premises, hence the petitioner
apprehending his arrest approached this court for necessary relief. On
reading the entire case records there is no mention of single specific
overtact attributed by the present petitioner. The alleged offences are
not punishable either with death or imprisonment for life. The petitioner
counsel has also further contended that allegations made against the
petitioner is false and further contended that petitioner is ready and
willing to abide by the terms and conditions imposed by this court and
also co-operate with the investigation. Hence, prays to allow the bail
petition.
12.

The
learned
Public Prosecutor
has
addressed
the
arguments contending that the offences alleged against the petitioner is
grievous in nature and also further contended that the complaint
averments prima facie shows that the petitioner and others have
involved in the alleged offences. The learned Public Prosecutor has
also further contended that the offences alleged against the petitioner is
grievous as the case is still under the stage of investigation, at this
stage if the bail petition of the petitioner is allowed there is every
chances of the petitioner threatening the prosecution witnesses,
destroying the evidence, abscond and hamper the trial. Hence, prays
to reject the bail petition.

Crl.Misc.No.3117/2024
7
13. On perusal of the records it is noticed that the offences
alleged against the petitioners are under Sections 13(1) (a), 14, 15,
32(1) of Karnataka Excise Act pending on the file of the Hon’ble 24th
ACMM at Bengaluru in the interest of justice.

The said allegations
made against the petitioner is to be proved during the course of trial as
the case is still under the stage of investigation. At this stage it cannot
be said that the petitioner is involved in the alleged offences. The
offences alleged against the petitioner is not punishable with
imprisonment for life or death. The petitioner is contended that he is
ready and willing to abide by the conditions imposed by this Court and
also to co operate with the investigation.

The apprehension of the
persecution can be satisfied by imposing stringent conditions.
Admittedly, the petitioner is the resident of the address shown in the
cause title. If at all during the course of trial, the prosecution is able to
prove the guilt of the petitioner, he can be dealt with in accordance with
law. Considering all these facts, I am of the opinion that the petitioner
can be enlarged on bail by imposing certain conditions, which would
meet the apprehension of prosecution. Accordingly, I answer the point
No.1 in the Affirmative.
14.

Point No.2:- In view of the findings given on point No.1, I
proceed to pass the following.ORDER
The petition filed by the petitioner/ accused
No.1 under Section 438 Cr.P.C., is allowed.
The
respondent
Excise
PS,
Basaveshwaranagar Range police are directed to
release the petitioner on bail in the event of his
arrest in Crime No.69/2023-24 registered by the
8
Basaveshwaranagar
Crl.Misc.No.3117/2024
police for the offences
punishable under Sections 13(1) (A), 14, 15, 32(1)
of Karnataka Excise Act on execution of personal
bond for Rs.50,000/- with one surety for the
likesum subject to the following
CONDITIONS:1.

The petitioners shall appear before the court
on all dates of hearing and shall co-operate
with the investigation.

2.

The petitioners shall appear before the I.O
whenever they are called upon for the
purpose of investigation
3.

The petitioners shall not tamper with the
evidence and shall not threaten, induce
allure the prosecution witnesses in what so
ever manner.

4.

The petitioners shall not involve in any
criminal activity.

5.

The petitioners shall produce the permanent
address proof document.

(Dictated to the Stenographer-III, transcribed by her, corrected and then pronounced by
me in the Open Court on this 5th day of April, 2024)
(HEMANTH KUMAR. C.R)
LXV Addl. City Civil & Sessions Judge,
Bengaluru.

Crl.Misc.No.3117/2024
9
Orders pronounced in open court
vide separate order with following
operative portion:
ORDER
The
petition
petitioner/
filed
accused
by
No.1
the
under
Section 438 Cr.P.C., is allowed.
The respondent Excise PS,
Basaveshwaranagar Range police
are
directed
to
release
the
petitioner on bail in the event of his
arrest
in
Crime
registered
No.69/2023-24
by
the
Basaveshwaranagar police for the
offences punishable under Sections
13(1)
(A),
14,
15,
32(1)
of
Karnataka Excise Act on execution
of personal bond for Rs.50,000/with one surety for the likesum
subject to the following
CONDITIONS:1. The petitioner shall appear
before the court on all dates of
hearing and shall co-operate with
the investigation.
2. The petitioner shall appear
before the I.O whenever they are
Crl.Misc.No.3117/2024
10
called upon for the purpose of
investigation.
3. The petitioner shall not
tamper with the evidence and shall
not threaten, induce allure the
prosecution witnesses in what so
ever manner.
4. The petitioner shall not
involve in any criminal activity.
5. The petitioner shall produce
the
permanent
address
proof
document.
04.04.2024
LXV Addl. CC & SJ, (CCH-66)
Bengaluru.