KABC010087052024
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU
Dated this the 5th day of April, 2024
Present:
Shri Muralidhara Pai B.
B.Com., LL.B.

Principal City Civil and Sessions Judge,
Bengaluru.
Crl. Misc. Nos.
Petitioner
:
(in Crl. Misc. No.
3083/2024)
3083 & 3152 of 2024
Shripal @ Shree Pal,
S/o Ramesh Kumar,
Aged about 36 years,
R/at Manidhari Apartments,
147, 3rd Floor, Laxmi Road,
8th Cross, Shantinagar,
Bengaluru – 560 027.
(By Sri Manjunatha Hiral, Advocate)
Petitioners
:1.

Gowtham,
S/o Babulal,
Aged 33 years,
R/o No.10, 1st Floor,
4th Cross, Narayanpillai Street,
Shivajinagar, Bangalore-560 001.

2.

Lokesh Panwar @ Yogesh,
S/o. Virdi Chand Panwar,
Aged 26 years,
No. 35, Royal Brigade Hotel,
5th Floor, Brigade Road,
Bangalore – 560 001.

(in Crl. Misc. No.
3152/2024)
Crl.Misc.Nos. 3083 &
3152/2024
2
Permanent Address
Astaliya Nehara,
Bera, Sojat, Pali,
Rajasthan – 306104.
(By Sri B. Sundar, Advocate)
Vs.
Respondent
:
The State of Karnataka,
Ashok Nagar Police Station,
Bengaluru.
[by Sri Chinnavenkataravanappa,
Public Prosecutor]
COMMON ORDER
Accused No. 2 namely Shripal @ Shree Pal in Crime No.
94/2024 of Ashok Nagar Police Station has maintained the
petition in Crl. Misc. No.

3083/2024 under Section 439 of
Criminal Procedure Code praying to enlarge him on regular
bail in the case, in the interest of justice.
2.

Accused Nos. 1 and 3
namely Gowtham and
Lokesh Panwar @ Yogesh in Crime No. 94/2024 of Ashok
Nagar Police Station have maintained the petition in Crl. Misc.
No.

3152/2024 under Section 439 of Criminal Procedure
Crl.Misc.Nos. 3083 &
3152/2024
3
Code praying to enlarge them on regular bail in the case, in
the interest of justice.

3.

The prosecution has filed separate objection in
these petitions along with the report of the Investigating
Officer.

4.

Heard learned Counsel for Petitioners and learned
Public Prosecutor.
5.

The
following
points
would
arise
for
the
consideration of this Court:
5.

1.

Whether the Petitioners are entitled for
regular bail in these petitions?

2.

What Order?

The findings of this Court on the above points are
under:
Point No.1:-
In the Affirmative;
Point No.2:-
As per final order;
for the following:
Crl.Misc.Nos. 3083 &
3152/2024
4
REASONS
6.

Point No.1:
On 25.3.2024 Ashok Nagar Police
have registered the case in Crime No. 94/2024 against the
Petitioners herein and others for the offenses punishable
under Sections 284 and 328 of IPC, Sections 20(2), 7, 21 of
Cigarettes and Other Tobacco Products Act, 2003 (for short
COTPA), Sections 59, 63 and 52 of Food Safety and Standards
Act, 2006 and Section 6 of the Poisons Act, 1919, based on a
report submitted by Sri Mahadevaiah S., Police Inspector,
Organized Crime Wing of CCB, Bengaluru. It is stated that
after registration of the case Ashok Nagar Police raided New
Hashtag Cafe Hukka bar located in 5th Floor of Hotel Royal
Brigade situated in Brigade Road Cross and apprehended the
Petitioners herein on allegedly finding them in possession and
business of banned tobacco products containing poisonous
and molasses contents without having any licence to run
such business.

Later, the Petitioners were produced before
the jurisdictional magistrate on 26.3.2024, who remanded
them to judicial custody.

Crl.Misc.Nos. 3083 &
3152/2024
5
7.

The Petitioners have maintained these petitions
praying for regular bail in the case on the ground that they
are innocent of the alleged offenses and that they have got
good grounds to urge before the Court. They have stated that
the jurisdictional police have falsely implicated them in the
case and with an intention to cause disrepute and irreparable
injury to them. They have stated that there is nothing on
record to show that any of the customers had purchased
hukka
products.

Further,
they
have
stated
that
the
jurisdictional police have not followed mandatory provisions
before conducting the raid, search and seizure.

They have
also stated that they are permanent address of given address
and they are ready to abide by any condition that may be
imposed by the Court. As such they have prayed to allow the
petitions.
8.

It is the case of the prosecution that the de-facto
complainant namely Sri Mahadevaiah S., Police Inspector of
Organized Crime Wing of CCB, Bengaluru had received
information from the source that the Petitioners herein and
Crl.Misc.Nos. 3083 &
3152/2024
6
their associates are running business of banned tobacco
products containing molasses extract in their New Hashtag
Cafe Hukka bar and that based on such information when
the jurisdictional police registered the case and then raided
the place they found 30-35 persons engaged in smoking
hukka and the items such as hukka pot, pipes, tobacco
packets/ container at the place. According to the prosecution
Accused Nos. 1 & 2 namely Gowtham and Shripal are the
owners and Accused No. 3 Lokesh Panwar is the Cashier of
concerned Hukka bar.
9.

The Petitioner in Crl. Misc. No. 3083/2024 has
produced the documents such as copies of GST Registration
Certificate and Licence issued under FSS Act before the
Court.

The said documents prima-facie indicates that New
Hashtag Cafe is a Proprietorship business of Gowtham, which
has got licence to run restaurant and vending establishment.
On the other hand, the prosecution has not come up with
any material to prima-facie support their contention regarding
the interest of Accused No. 2 in the business of New Hashtag
Crl.Misc.Nos. 3083 &
3152/2024
7
Cafe. As such it is to be held that at this stage there is no
prima-facie material to reasonably believe the contention of
the prosecution that Accused No. 2 is co-owner of the
business in question along with Accused No.1.
10.

Further,
even
according
to
the
prosecution
Accused No.3 namely Lokesh Panwar was the Cashier in New
Hashtag Cafe.

Thereby it becomes clear that Accused No.3
was not the person responsible for running of the business in
the name of New Hashtag Cafe and he was only an employee.
11.

No doubt, the prosecution papers contain details
of the persons found in the premises in question at the time
of raid as well as the items allegedly seized from the spot.
This Court does not find any valid reason to disbelieve the
said contention of the prosecution at this stage and it is a
matter to be proved during the trial.
12.

It is well settled that at the stage of considering
the bail application the Court is required to take into
consideration several factors including nature of the offense,
Crl.Misc.Nos. 3083 &
3152/2024
8
severity of punishment, availability of the accused persons
during the investigation and trial of the case, chances of their
tampering the prosecution case etc. Undisputedly running of
Hukka bar was legal in the State till recently the Government
came up with a Notification banning such business in the
interest of general public.

Added to the above, the alleged
offenses are not punishable with death or imprisonment for
life. Further, the Investigating Agency has completed major
portion of the investigation by conducting raid on the spot
and
by
interrogating
the
Petitioners
on
their
arrest.

Subsequently the Investigating Agency has produced the
Petitioners before the jurisdictional magistrate with a request
to remand them to judicial custody. Thereby it becomes clear
that the Investigating Agency does not require presence of the
Petitioners for the purpose of investigation in the case.

In
addition to the above, the Petitioners are residents of given
address and they are ready to abide by any condition that
may be imposed by the Court. In the above circumstances,
this Court does not find any valid reason to refuse the prayer
Crl.Misc.Nos. 3083 &
3152/2024
9
of the Petitioners for regular bail in the case.

The
apprehension expressed by the prosecution can be taken care
of by imposing proper conditions. Accordingly, Point No.1 is
answered in the affirmative.
13.

Point No.2: In the result, this Court proceeds to
pass the following:
ORDER
The petitions filed in Crl. Misc. Nos.3083/2024
&
3152/2024
under
Section
439
of
Criminal
Procedure Code are allowed.
The Petitioners are ordered to be released on
bail in Crime No. 94/2024 of Ashok Nagar Police
Station, subject to following conditions:
1. The Petitioners shall execute a personal
bond
for
Rs.1,00,000/- each with one
surety for the like sum to the satisfaction
of concerned court.
2. The Petitioners shall not tamper with the
prosecution witnesses in any manner.
3. The Petitioners shall appear before the
Investigating Officer or the Court as the
Crl.Misc.Nos. 3083 &
3152/2024
10
case may be as and when directed to do
so
and
cooperate
with
further
investigation and proceeding of the case.
4. The Petitioners shall furnish details of
their present place of residence, registered
mobile number and e-mail ID if any along
with supporting documents.
5. The Petitioners shall not change their
place of residence pending disposal of the
case without prior permanent of the
Court.
6. The Petitioners shall produce address
proof
document
pertaining
to
their
sureties at the time of executing bail
bonds.
Original copy of the Order is kept in Crl.
Misc. No. 3083/2024 and copy thereof is kept in
Crl. Misc. No.3152/2024.
(Dictated to the Judgment Writer directly on the computer,
typed by her, then corrected and pronounced by me in the
Open Court on this the 5th day of April, 2024).

(Muralidhara Pai B.)
Principal City Civil & Sessions Judge,
Bengaluru.