The Court of the LXV Additional City Civil & Sessions Judge and Additional Charge LXVI Additional City Civil & Sessions Judge, Bengaluru City (CCH-67), presided over by Sri Hemanth Kumar C.R., B.A.L., L.L.B., delivered a judicial order on April 3, 2024, allowing an anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 3075/2024 extended pre-arrest bail protection to Sri Govinda Naika in connection with Crime No. 43/2023-24/41071E/410707 registered by the Excise Inspector, Hanumanthanagar Range, Bengaluru. The petitioner faced apprehension of arrest for alleged offences punishable under Sections 11, 13(1)(a), 14, 15, 32(1), and 43 of the Karnataka Excise Act, 1965.

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a patrol and beat duty conducted by Excise Inspector S. Vanajakshi on March 21, 2024:

• Credible Information & Raid: At approximately 11:30 AM, the complainant received credible information that an unknown person was in possession of illicit liquor and attempting to sell the same on the flyover near the 3rd platform at the Satellite BMTC Bus Stand in Bengaluru.
• Seizure of Contraband: The excise team proceeded to the location, intercepted the suspect, and conducted a search. They allegedly recovered 12.750 liters of foreign liquor exceeding permissible possession limits from a black school bag and a brown hand bag carried by the petitioner.
• Details of Liquor Bottles: The seized contraband comprised 7 bottles of 750 ml Black & White Blender Scotch, 5 bottles of 750 ml 100 Pipers Deluxe Blended Scotch Whiskey, and 5 bottles of 750 ml Black Dog Triple Gold Blended Reserve Whiskey, totaling 12.750 liters, allegedly possessed and vended without any valid license, receipts, or permits.

Details of the Petitioner

• Name: Sri Govinda Naika (Petitioner / Accused)
• Father’s Name: Bandola Nayaka
• Age: About 68 years
• Residential Address: Ammanapura Village, Kailancha Hobli, Avverahalli Post, Ramanagara Taluk, Ramanagara District – 562159.
• Legal Representation: Sri V.R., Advocate

Submissions Advanced by the Parties

On Behalf of the Petitioner

1. Innocence and False Implication: The defense maintained that the petitioner was entirely innocent, had no involvement in the alleged transportation or vending of illicit liquor, and was falsely implicated due to imagination or ill-will on the part of the complainant.
2. Age and Medical Condition: Counsel emphasized that the petitioner is a senior citizen aged about 68 years, suffering from hypertension, diabetes, and other age-related ailments.
3. Readiness to Cooperate: The petitioner assured the court of his willingness to abide by any conditions imposed and cooperate fully with the ongoing excise investigation.

On Behalf of the Respondent (State)

1. Illegal Possession: The Public Prosecutor opposed the anticipatory bail plea, arguing that the complaint averments prima facie disclosed illegal possession and transportation of foreign liquor exceeding statutory limits in public spaces.
2. Risk of Evasion: The state contended that leaving the accused at large might hamper the investigation or lead to non-cooperation with the excise authorities.

Judicial Findings and Legal Reasoning

Upon evaluating the complaint, records, and rival submissions, Judge Hemanth Kumar C.R. recorded definitive findings on Point No. 1:

1. Non-Capital Nature of Offences: The court observed that the offences alleged under the Karnataka Excise Act are not punishable with death or imprisonment for life.
2. Age and Health Considerations: Taking note of the advanced age of the petitioner (68 years) and his medical vulnerabilities (blood pressure and diabetes), the court held that pre-trial custodial interrogation was unwarranted.
3. Conditions to Safeguard Investigation: Concluding that the prosecution’s apprehensions regarding investigation and evidence tampering could be adequately addressed through conditional restrictions, the court ruled in favor of granting pre-arrest protection.

Final Pre-Arrest Bail Order and Conditions Imposed

Answering Point No. 1 in the affirmative, the Sessions Court allowed the petition filed under Section 438 Cr.P.C.

The court directed the respondent excise police to release Sri Govinda Naika on bail in the event of his arrest in connection with Crime No. 43/2023-24/41071E/410707, upon executing a personal bond for ₹50,000/- with one surety for the like sum, subject to the following conditions:

1. Investigative Cooperation: The petitioner shall appear before the Investigating Officer whenever called upon for the purpose of investigation and cooperate fully with the proceedings.
2. No Tampering: He shall not tamper with evidence or threaten, induce, or allure prosecution witnesses in any manner whatsoever.
3. Periodic Reporting: He shall appear before the Investigating Officer once a month between 9:00 AM and 9:00 PM until the filing of the charge sheet.
4. Non-Recidivism: He shall not involve himself in any criminal activity.
5. Address Proof: He shall produce valid documentation verifying his permanent address.
6. Jurisdictional Limit: He shall not leave the jurisdiction of the court without prior permission.