KABC010017312023
IN THE COURT OF THE LII ADDL. CITY CIVIL &
SESSIONS JUDGE, BANGALORE (CCH-53)
Dated this the 23rd day of January, 2023
PRESENT
Sri.B.G.Pramoda, B.A.L., LL.B.,
LII Addl. City Civil & Sessions Judge,
Bangalore.
Crl.Misc.No.549/2023
petitioner:
Sri.Suresh C.N.
S/o Chikka Nanjappa,
Aged about 48 years,
R/at No.82, 1st Cross, Maheshwari
Nagar, Kabbalamma Temple,
Vaddarapalya, Arehalli,
Subramanyapura, Bengaluru-560061.
(By Sri.Raghunandan A.R., Advocate)
-V/S-
Respondent :
State of Karnataka
by Inspector of Excise,
Padmanabhanagara Range,
Bangalore City.
(Represented
Prosecutor)
by
learned
Public
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Crl.Misc.No.549/2023
ORDER
The petitioner has filed this petition u/s.438 of Cr.P.C.,
praying to grant anticipatory bail to him in the event of his
arrest
in
Crime
No.11/22-23/41E/410308
of
Padmanabhangara Excise Sub-Division, for the offences
punishable u/Sec.11, 14, 32(1), 38(A), 43(A) of Karnataka
Excise Act 1965 pending on the file of 2nd ACMM, Bangalore.
2.

It is stated in the petition that the respondent
police have registered Crime No.11/2022-23 against the
petitioner for the offences punishable u/Sec.11, 14, 32(1),
38(A), 43(A) of Karnataka Excise Act 1965, on the basis of
information given by Excise Inspector, BUD-6. It is further
stated in the petition that the petitioner is innocent and he
has not committed any offence as alleged against him by the
respondent police and he has been falsely implicated in the
aforesaid crime number. The respondent police have making
hectic efforts to arrest the petitioner.

The petitioner has
apprehension of his arrest by the respondent police. The
petitioner is permanent resident of address mentioned in the
cause title and have deep rooted in the society and have no
bad antecedents, who hails from good family back ground.
The petitioner is ready to abide by any terms and conditions
that may be imposed by the court for his enlargement on bail.
The petitioner is ready and willing to offer surety to the
Crl.Misc.No.549/2023
3
satisfaction of the court. Hence, the petitioner has prayed to
allow the petition.
3.

The
learned
Public
Prosecutor
has
filed
objections to the bail application filed by the petitioner by
opposing the grant of bail to the petitioner by contending that
the offences alleged to have been committed by the
petitioner are grave in nature and against to the society. It is
further stated in the objection that petitioner was illegally
transporting the liquor bottles in his two wheeler vehicle
without any permit or license issued by the competent
authority.

The
petitioner
was
already
enquired
by
Investigating Officer by issuing notice u/Sec.41 of Cr.P.C. and
as such, there is no apprehension of arrest of the petitioner
by the respondent police. If the petitioner is enlarged on bail,
he may commit the offences of similar nature in future. The
petitioner will abscond and he may not appear before
Investigating Officer and before the court.

Hence, the
Learned Public Prosecutor has prayed to reject the petition
filed by the petitioner.
4. Heard the arguments of Learned Public Prosecutor
and Learned counsel for the petitioner. Perused the petition,
objection and other materials on record.

Crl.Misc.No.549/2023
4
5. Having done so, the following points will arise for my
consideration:
(1) Whether the bail petition filed by the
petitioner u/s.438 of Cr.P.C., is
deserves to be allowed?
(2) What order?
6. My findings on the above points are as under:
(1) Point No.1
(2) Point No.2
..
..

In the Affirmative
As per final order
for the following:
REASONS
7.

Point No.1:- The petitioner has filed the present
petition praying for grant of anticipatory bail in Crime
No.11/2022-23 which is registered against the petitioner
alleging the commission of offences punishable u/Sec.11, 14,
32(1), 38(A), 43(A) of Karnataka Excise Act 1965, on the
basis of information given by one Excise Inspector, BUD-6.
The petitioner has produced the certified copy of the FIR,
complaint, mahazar and copy of the notice issued by
Investigating Officer to him u/Sec.41(A) of Cr.P.C.
8.

It is alleged in the FIR that on 14.09.2022, at
about 5.30 p.m. infront of New Bhavani Fancy and Gift
Centre, on Dr.Vishnuvardhan Road, the petitioner was found
illegally transporting 6 bottles of 100 Pipers Delux Blended
Scotch of 750 ml. each and 3 bottles of Black and White
Crl.Misc.No.549/2023
5
Blended Scotch of 750 ml. each in his Honda Deo Scooter
bearing
No.KA-05-KW-3309
by
the
complaint.

The
complainant has seized vehicle and the liquor bottles from
the petitioner by conducting mahazar. Further it is to be noted
here that the Investigating Officer has already issued notice
to the petitioner u/Sec.41 of Cr.P.C. and enquired the
petitioner. This fact is also stated in the objection statement
filed by Learned Public Prosecutor.
9.

The Investigating Officer has already seized the
liquor bottles alleged to have been in illegal possession of the
petitioner and the vehicle alleged to have been used for
transporting the liquor illegally without any permit is also
seized by the information. Whether the liquor bottles and the
vehicles were seized from the possession of the petitioner or
not and whether the petitioner has committed the alleged
offences or not has to be adjudicated only after full-fledged
trial. The respondent excise police after seizing the liquor
from the petitioner have not arrested the petitioner and the
have released him by issuing notice u/Sec.41(A) of Cr.P.C. It
shows that the custodial interrogation of the petitioner is not
required by I.O. for further investigation of the case. It is the
allegation of the petitioner that the respondent police even
after enquiring him, are making hectic efforts to arrest him
and as such, the petitioner has filed the present petition by
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Crl.Misc.No.549/2023
contending that he is innocent has not committed the alleged
offences and he has been falsely implicated in the case.
10.

The offences alleged against the petitioner are
non-bailable in nature. Since FIR is registered against the
petitioner by alleging the commission of non-bailable offence,
there is possibility of arrest of the petitioner by the
respondent police during the course of investigation of the
case.
11.

The offences alleged against the petitioner are
not exclusively punishable with death or imprisonment for life.
The alleged offences are triable by Learned Magistrate. The
petitioner is ready to co-operate with the investigation of the
case. The petitioner is ready and willing to abide by any
terms and conditions imposed by the court for his
enlargement on bail. The petitioner is also ready to furnish
surety to the satisfaction of the court. The petitioner is the
permanent resident of address mentioned in cause title and
he is residing within the jurisdiction of this court and
jurisdiction of learned magistrate. As such, there is no
chances of petitioner absconding or fleeing from justice. The
apprehension of learned Public Prosecutor may be make
good by imposing suitable terms and conditions. The
presence of the petitioner during the course of investigation
of the case can be secured by imposing suitable conditions.

Crl.Misc.No.549/2023
7
Further the another accused against whom similar offences
are alleged was already granted anticipatory bail by this court
in
Crl.Misc.No.9402/2022.

Hence,
by
considering
the
reasonable apprehension of arrest of the petitioner by
respondent police and by considering the fact that the
petitioner is ready to abide by any terms and conditions that
may be imposed by the court for his enlargement and by
considering the fact that the petitioner is ready to co-operate
with the investigation of the case and by considering the fact
that petitioner is ready and willing to offer surety to the
satisfaction of the court, I am of the opinion that anticipatory
bail as prayed for by the petitioner may be granted by
imposing suitable terms and conditions. Hence, the petition
filed
by
the
petitioner
is
deserves
to
be
allowed.

Accordingly, I answer the above point in the Affirmative.
12. Point No.2:- In view of my findings on point No.1, I
proceed to pass the following:
ORDER
The petition filed by the petitioner/Accused-Suresh
u/s.438 of Cr.P.C., is hereby allowed.
The respondent police shall release the petitioner
on bail in the event of his arrest in Crime No.11/2223/41E/410308 of Padmanabhangara Excise SubDivision, for the offences punishable u/Sec.11, 14, 32(1),
38(A), 43(A) of Karnataka Excise Act 1965, pending on
the file of 3rd ACMM, Bangalore, on petitioner furnishing
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Crl.Misc.No.549/2023
personal bond for Rs.50,000/- with one surety for
likesum to the satisfaction of the Learned Magistrate on
the following further conditions:CONDITIONS
(1) The petitioner shall appear before the investigating officer
as and when called for and he shall co-operate with the
investigation of the case.
(2) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the court or any police officer or
any hamper with the evidence.
(3) The petitioner shall not commit offences of similar in
nature or any other offences in future.
(4) The petitioner shall furnish his correct address proof
before the trial court.
(5) The petitioner shall not leave India without previous
permission of the court.
(6) The petitioner shall not try to destroy the evidence.
(7) Violation of any of the aforesaid conditions would entitle
for cancellation of bail of the petitioner.
(Dictated to the Stenographer directly on computer, corrected
and then pronounced by me in the open court on this the 23rd
day of January, 2023).

(B.G.Pramoda)
LII Addl. City Civil & Sessions Judge,
Bangalore.

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Crl.Misc.No.549/2023
10
Crl.Misc.No.549/2023
Order pronounced in the open court
(vide separate order)
ORDER
The petition filed by the petitioner/Accused-Suresh
C.N. u/s.438 of Cr.P.C., is hereby allowed.
The respondent police shall release the petitioner on
bail in the event of his arrest in Crime No.11/2223/41E/410308 of Padmanabhangara Excise SubDivision, for the offences punishable u/Sec.11, 14, 32(1),
38(A), 43(A) of Karnataka Excise Act 1965, pending on
the file of 3rd ACMM, Bangalore, on petitioner furnishing
personal bond for Rs.50,000/- with one surety for likesum
to the satisfaction of the Learned Magistrate on the
following further conditions:CONDITIONS
(1) The petitioner shall appear before the investigating officer
as and when called for and he shall co-operate with the
investigation of the case.
(2) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the court or any police officer or
any hamper with the evidence.
(3) The petitioner shall not commit offences of similar in
nature or any other offences in future.
(4) The petitioner shall furnish his correct address proof
before the trial court.
(5) The petitioner shall not leave India without previous
permission of the court.

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Crl.Misc.No.549/2023
(6) The petitioner shall not try to destroy the evidence.
(7) Violation of any of the aforesaid conditions would entitle
for cancellation of bail of the petitioner.

LII Addl. City Civil & Sessions Judge,
Bangalore.

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