1
Crl.Misc. No.3214/2024
KABC010090712024
IN THE COURT OF THE LX ADDL.CITY CIVIL & SESSIONS JUDGE,
BENGALURU (CCH-61)
:PRESENT:
Sri Narashimsa M.V., B.Com., LL.B.,
LX Addl. City Civil & Sessions Judge, Bengaluru City.
Dated this the 15th day of April, 2024.
Crl.Misc.No.3214/2024
PETITIONERS:-
Sumantha G J
S/o Ganapathi
Aged about 22 years,
R/at Gudavi,
Shivamogga.
(Rep by Sri YVA – Advocate)
RESPONDENT:-
-VSThe State of Karnataka
By: Excise Jnanabharathi Range,
Div 18, BUD-03,
Bengaluru.
(By Public Prosecutor)
ORDER
Accused in Jnanabharathi Excise Range, Crime No.60/202324/38081E/380808 has filed this Anticipatory bail application under
Sec. 438 of Cr.P.C. He is alleged to have committed offences
punishable under Section 14, 15, 32(1) of K.E Act.

2
Crl.Misc. No.3214/2024
2. Brief facts of the case as forthcoming from first information
are as under:
On 29.03.2024, at about 7.30 am, complainant and his staff
were on patrolling duty, upon credible information obtained that near
Gangondanahalli
Main Road, Jnanabharathi, petitioner/ Sumanth
had
liquor
possessed
and
present
on
the
road,
next
to
Gangondanahalli Main Road, and is selling it. Thereafter complainant
and his staffs came to the spot and noticed one person was doing
business with public, complainant , his staffs and panchas went and
checked the plastic bag contained liquors
and its value is
Rs.11,647/-. Petitioner had violated provisions of Section 14, 15 32(1)
of K.E. Act, thereafter first informant has seized the said liquor and
has registered a case and caused notice to petitioner u/S 41(A) of
Cr.P.C.
3. The grounds urged in this petition are that: Petitioner is totally
innocent, allegation made against him is totally false, frivolous,
concocted and fabricated one, he never involved in above case,
nowhere in the complaint, stated that who has given information
regarding illegal selling of liquor, complainant has not disclosed the
names of panchas, complainant has not arrested petitioner at the
spot itself, this shows that petitioner was not possessed any liquor
3
Crl.Misc. No.3214/2024
and selling the same to public, respondent has not recorded the
voluntary statements of any public or others at the spot to show that
petitioner was present and selling the same, he undertakes to
cooperate with the investigating Officer during the course of
investigation, respondent issued notice to petitioner to appear before
him for enquiry,
respondent is making hectic efforts to arrest the
petitioner in the instant case, he undertakes to abide by any terms
and conditions that may be imposed by this court upon him, he is
ready and willing to furnish surety as this court may be imposed.
4.

Leaned Public Prosecutor has filed objections to bail
application along with Memo of instructions given by Investigating
Officer.

In objections, averments made in
first information are
reiterated. Further, it is stated that accused does not deserve to be
enlarged on bail, if he is enlarged on bail, there is every possibility of
he absconding from
jurisdiction of the Court, he will threaten the
witnesses and destruct the evidence. Hence, prayed for rejection of
bail application.
5. Heard learned Advocate for petitioner/accused and the
learned Public Prosecutor.
6. The point that arise for consideration is :
4
Crl.Misc. No.3214/2024
(1) Whether Anticipatory bail application filed by
accused in Jnanabharathi Excise Range, Crime
No. 60/2023-24//38081E/380808 deserves to be
allowed?
7. My finding to the above point is in the Affirmative, for the
following :REASONS
8. Point No.1: Along with this bail application, certified copy of
first information report in Jnanabharathi Excise Range, copy of first
information
in
Crime
No.

60/2023-24/38081E/380808,
spot
panchanama/ seizure panchanama, notice issued u/S 41-A(1), copy of
Aadhar card of petitioner is furnished.
9. According to first information, first informant received credible
information that in Gangondanahalli Main Road, petitioner / accused
Sumanth was selling liquor, first informant reached the spot, requested
two people to assist as panchas, at the spot, a bag which was in
possession of petitioner / accused was searched and in it different
brands of liquor, totaling 24.210 liters were found and seized. Liquor,
petitioner / accused was taken to excise police station. Notice u/S
41(A) was issued to him with a direction to appear before the
investigating officer as and when called for.

Apprehension of
petitioner is that against him offence u/S 14, 15, 32(1) of Karnataka
5
Crl.Misc. No.3214/2024
Excise Act are alleged.
.

10.

Except Section 32(1) of Karnataka Excise Act, other
offences are bailable in nature.

Apprehension of petitioner is that
when he appears before Investigating officer, as Section 32(!) is nonbailable in nature, if I.O. were to come to a conclusion that there is
need for custodial interrogation, there is possibility of petitioner being
arrested. Hence, this bail application was filed.
.

11. It is necessary to note that at the time of raid itself
petitioner / accused was taken into custody and was released by
taking self bond and by issuing notice u/S 41-A.

.

12. Offence alleged against petitioner / accused are not
punishable with life or death imprisonment, substantial progress has
been made in investigation. Source from which liquor was procured
would be one of the factors for investigation, during the course of
investigation, if Investigating Officer were to come to a conclusion
that arrest of petitioner / accused is necessary for the purpose of
investigation in the case, then, there is every possibility of petitioner
being arrested.

However, apprehension of prosecution can be met
by imposing conditions. Hence, I answer above point in the affirmative
and proceed to pass the following:
6
Crl.Misc. No.3214/2024
ORDER
Anticipatory Bail application filed under Sec.438 of
Cr.P.C. by petitioner/accused Sumanth in Jnanabharathi
Excise Range, Crime No. 60/2023-24//38081E/380808 is
hereby allowed. Petitioner shall be enlarged on bail in the
event of his arrest subject to the following :
CONDITIONS
1. Petitioner/accused shall execute personal bond
for Rs 50,000/- with one surety.
2. Petitioner/accused shall not tamper with the
prosecution witness or hamper the investigation process
in any manner.
3. Petitioner/accused shall not leave the jurisdiction
of Trial Court without prior permission.
4. Petitioner/ accused shall appear before the
investigating officer on or before
02.05.2024
and
cooperate with investigation in all respects.
(Dictated to the Stenographer-III, transcribed and typed by him, after
corrections, pronounced by me in the Open Court on this the 15th day of April,
2024)
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru.

7
Crl.Misc. No.3214/2024
Order pronounced in the open Court vide separate
order, the operative portion is as under
ORDER
Anticipatory Bail application filed under Sec.438 of
Cr.P.C. by petitioner/accused Sumanth in Jnanabharathi
Excise Range, Crime No. 60/2023-24//38081E/380808 is
hereby allowed. Petitioner shall be enlarged on bail in the
event of his arrest subject to the following :
CONDITIONS
1. Petitioner/accused shall execute personal bond
for Rs 50,000/- with one surety.
2. Petitioner/accused shall not tamper with the
prosecution witness or hamper the investigation process
in any manner.
3. Petitioner/accused shall not leave the jurisdiction
of Trial Court without prior permission.
4. Petitioner/ accused shall appear before the
investigating officer on or before
02.05.2024
and
cooperate with investigation in all respects.
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru.

8
Crl.Misc. No.3214/2024