KABC010086842024 IN THE COURT OF LXVI ADDL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-67) PRESENT SHRI. HEMANTH KUMAR. C.R , B.A.L., L.L.B., LXV Addl. City Civil & Sessions Judge, I/C LXVI Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 3 rd day of April, 2024 Crl.Misc.No.3075/2024 PETITIONER/S:- SRI. GOVINDA NAIKA, s/o Bandola Nayaka, Aged about 68 years, R/at Ammanapura village, Kailancha Hobli, Avverahalli Post, Ramanagara Taluk, Ramanagara District562159. (By Sri. VR., Advocate) V/s. RESPONDENT:- STATE BY, Excise Inspector, Hanumanthanagara Range, Bengaluru. (Rep. by Public Prosecutor) 2 Crl.Misc.No.3075/2024 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 to the petitioner in Crime No.43/2023-24/41071E/410707 registered by the Excise police, for the offence punishable under Sections 11, 13(1)(a), 14, 15, 32(1), 43 of Karnataka Excise Act.

2. Brief facts of the case.-

One Smt.S.Vanajakshi, Excise Inspector, has lodged a complaint alleging that on 21.03.2024 at 11.30 am., when the complainant was in beat duty she received credible information that one unknown person was having the possession of illicit liquor and he was selling the same on the fly over nearby th 3rd platform at Satellite BMTC bus stand. On receipt of the said information the complainant secured the panchas along with staff went to the spot and on confirmation of the same they raided and seized 12.750 liters of illicit liquor from the possession of the petitioner in a black color school bag and brown color hand bag and after inspection they came to know that the petitioner selling illicit liquor in black color school bag and brown color hand bat by carrying 7 No's of 750 ML Black & White Blender scotch bottles, 5 No's of 750 ML 100 Piper Deluxe Blender Whiskey scotch bottles, and 5 No's of 750 Black Dog Triple Gold Blended Reserve Whiskey bottles in totally 12.750 liters seized from the petitioner and the petitioner selling the same without having any valid license or receipts or any other document and also the petitioner was having the liquor which is exceeding to permissible limit. As such she has registered the case against the accused person in Crime 3 Crl.Misc.No.3075/2024 No.43/2023-24/41071E/410707 for the offence punishable under Sections 11, 13(1)(a), 14, 15, 32(1), 43 of Karnataka Excise Act.

3. The petitioner being aggrieved by the same, has preferred

this present bail petition on the following among other grounds. The petitioner submits that he is innocent of the alleged offences and there are no any valid and tenable evidence to show that he has been involved in the commission of the alleged offences and he has been falsely implicated in the said crime out of ill-will and vengeance of the complainant. The petitioner submits that the entire allegations made in the complaint only an imagination of the complainant in order to bring home the petitioner to the clutches of the alleged offences. The petitioner submits that the offences alleged against the petitioner are not punishable with imprisonment for life or death. The petitioner submits that he is aged about 68 years and also suffering from BP and sugar disease and also suffering old age ailments. The petitioner submits that he is ready and willing to abide by the conditions imposed by this court and also co-operate with the investigation. Hence, prays to allow the petition.

4. After service of notice, the learned Public Prosecutor has

appeared and filed objection 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 has committed the alleged offences. The learned Public Prosecutor has further contended that the investigation is still in progress and at this stage if the bail petition of the petitioner is allowed there is every chances of petitioner threatening the prosecution witnesses, 4 Crl.Misc.No.3075/2024 destroying the evidence, abscond and hamper the trial. Hence, prays to dismiss the bail petition.

5. Heard the arguments. Now the points that arise for my

consideration.-

1. Whether the petitioner has made out sufficient ground to allow the petition filed under Section 438 of Cr.P.C?

2. What order?

6. My answer to the above points are.-

Point No.1:– In the Affirmative Point No.2:– As per final order for the following

REASONS

7. Point No.1:- The counsel for the petitioner has

addressed the arguments contending that the petitioner is innocent of the alleged offences and there are no any valid and tenable evidence to show that the petitioner has been involved in the commission of the alleged offences and he has been falsely implicated in the said crime out of ill-will and vengeance of the complainant. The petitioner counsel has further contented that the entire allegations made in the complaint only an imagination of the complainant in order to bring home the petitioner to the clutches of the alleged offences. The petitioner counsel has further contented that the offences alleged against the petitioner are not punishable with imprisonment for life or death. The petitioner counsel has further contented that the petitioner is aged about 68 years and also suffering from BP and sugar disease and also suffering old age ailments and the petitioner is ready and 5 Crl.Misc.No.3075/2024 willing to abide by the conditions imposed by this court and also co- operate with the investigation. Hence, prays to allow the petition.

8. 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 has committed the alleged offences. The learned Public Prosecutor has further 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 chances of petitioner threatening the prosecution witnesses, destroying the evidence, abscond and hamper the trial. Hence, prays to dismiss the bail petition.

9. On perusal of the records it is noticed that the complainant

has lodged the complaint alleging that on 21.03.2024 at 11.30 am., when the complainant was in beat duty she received credible information that one unknown person was having the possession of illicit liquor and he was selling the same on the fly over nearby th 3rd platform at Satellite BMTC bus stand. On receipt of the said information the complainant secured the panchas along with staff went to the spot and on confirmation of the same they raided and seized 12.750 liters of illicit liquor from the possession of the petitioner in a black color school bag and brown color hand bag and after inspection they came to know that the petitioner selling illicit liquor in black color school bag and brown color hand bat by carrying 7 No's of 750 ML Black & White Blender scotch bottles, 5 No's of 750 ML 100 Piper Deluxe Blender Whiskey scotch bottles, and 5 No's of 750 Black Dog 6 Crl.Misc.No.3075/2024 Triple Gold Blended Reserve Whiskey bottles in totally 12.750 liters seized from the petitioner and the petitioner selling the same without having any valid license or receipts or any other document and also the petitioner was having the liquor which is exceeding to permissible limit. As such she has registered the case against the accused person in Crime No.43/2023-24/41071E/410707 for the offence punishable under Sections 11, 13(1)(a), 14, 15, 32(1), 43 of Karnataka Excise Act. On perusal of the records it is noticed that the complainant has lodged the complaint for the alleged offence and the case is still under the stage of investigation. The offences alleged against the petitioner is not punishable with imprisonment for life or death. As the case is still under the stage of investigation at this stage it cannot be said that the petitioner has committed the alleged offences. The offences alleged against the petitioner has to be proved during the course of trial. The petitioner has contended that he is ready and willing to abide by the conditions imposed by this court and also co- operate with the investigation. The apprehension of the prosecution is that if the bail petition of the petitioner is allowed, there is every chances of petitioner, threatening the prosecution witnesses, destroying the evidence, abscond and hamper the trial. The said apprehension of the prosecution can be satisfied by imposing stringent conditions. Admittedly, the petitioner is 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'. 7 Crl.Misc.No.3075/2024

10. 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 under Section 438 Cr.P.C., is allowed. The respondent police are directed to release the petitioner on bail in the event of his arrest in Crime No.43/2023- 24/41071E/410707 registered by the respondent police for the offence punishable under Sections 11, 13(1)(a), 14, 15, 32(1), 43 of Karnataka Excise Act, on execution of personal bond for Rs.50,000/- with one surety for likesum subject to the following CONDITIONS:-

1. The petitioner shall appear before the I.O whenever he is called upon for the purpose of investigation and cooperate with investigation.

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

3. The petitioner shall appear before the I.O once in month at 9.00 am., to 9.00 pm., till filing of the charge sheet. 8 Crl.Misc.No.3075/2024

4. The petitioner shall not involve in any criminal activity.

5. The petitioner shall produce the permanent address proof document.

6. The petitioner shall not leave the jurisdiction of this court without prior permission.

(Directly dictated to the Stenographer online computer, typed by her, corrected and then pronounced by me in the Open Court on this 3rd day of April, 2024) (HEMANTH KUMAR. C.R) LXV Addl. City Civil & Sessions Judge, I/C LXVI Addl. City Civil & Sessions Judge, Bengaluru.