The Court of the LXVII Additional City Civil and Sessions Judge, Bengaluru City (CCH-68), presided over data-conscious judicial review by Sri Kashim Churikhan, B.A., LL.M., delivered a judicial order on April 6, 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. 2987/2024 extended pre-arrest bail protection to Sri T.H. Shivakumar in connection with Crime No. 60/2023-24 registered by the Yelahanka Range Excise Police, Bengaluru, pending on the file of the XXXI Additional Chief Metropolitan Magistrate (ACMM), Bengaluru. The petitioner faced apprehension of arrest for alleged offences punishable under Sections 11, 14, 15, 32, 38(A), and 43(A) of the Karnataka Excise Act.

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a patrolling interception conducted by excise authorities:

• Patrolling and Interception: According to the report lodged by the Excise Sub-Inspector, Yelahanka Range, Bengaluru, on March 21, 2024, at approximately 4:00 PM, while on patrolling duty, he received credible information regarding the illegal transportation of liquor.
• Seizure: The excise team intercepted a TVS scooter bearing registration No. KA-51/JC-3454 in front of the Indian Agriculture Research Institute Gate and reportedly recovered liquor packets being transported illegally, leading to the seizure of the contraband along with the vehicle.

Details of the Petitioner

• Name: Sri T.H. Shivakumar
• Father’s Name: Sri Thopappa
• Age: About 26 years
• Residential Addresses: Bidaregere Village, Kuppagadde Hobli, Soraba Taluk, Shivamogga District; and SLV Complex, Madhure Main Road, Hesaraghatta, Bengaluru North Taluk, Bengaluru.
• Legal Representation: Sri S.S.N., Advocate
• Prosecution Representation: Learned Public Prosecutor, State by Yelahanka Range Excise Police

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 not committed any offence, and was falsely implicated in the case merely for statistical purposes during the election season.
2. Roots in Society: Counsel emphasized that the offences alleged are not punishable with death or life imprisonment, that the petitioner is the sole breadwinner of his family, and that he possesses permanent residence and deep roots in the society, making him fully prepared to furnish solvent sureties.

On Behalf of the Respondent (State)

1. Opposition to Pre-Arrest Bail: The learned Public Prosecutor filed formal objections opposing the petition, contending that the investigation was yet to be completed and that prima facie materials disclosed involvement in excise violations.
2. Risk of Flight: The state argued that the petitioner had been absconding since the commission of the alleged offence, and granting anticipatory bail would pose a risk of witness tampering, evidence destruction, and flight from justice.

Judicial Findings and Legal Reasoning

Upon evaluating the case records, police reports, and rival submissions, Judge Kashim Churikhan recorded definitive findings on Point No. 1:

1. Trial Adjudication: The court observed that the core allegations regarding the illegal transportation of liquor via the vehicle must be established through a full-fledged trial backed by authenticated testimony from prosecution witnesses, and securing the accused for investigation and trial remains the primary criteria for bail.
2. Nature of Penal Provisions: The judge noted that the offences alleged under the Karnataka Excise Act are not punishable with either death or imprisonment for life, and are triable by the Court of Magistrate.
3. Custodial Unnecessity: Holding that the petitioner’s apprehension of arrest was well-founded, and that all apprehensions raised by the prosecution could be adequately safeguarded by imposing appropriate conditions, the court ruled in favor of granting pre-arrest bail.

Final Anticipatory 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 ordered that Sri T.H. Shivakumar be released on bail in the event of his arrest in connection with Crime No. 60/2023-24 of Yelahanka Range Excise Police, Bengaluru, upon executing his self-bond for ₹1,00,000/- along with a surety for the like sum, subject to the following strict conditions:

1. Investigative Cooperation: The petitioner shall appear before the Investigating Officer within 15 days from the date of the order and assist in the investigation as and when required.
2. Court Attendance: The petitioner shall appear before the trial court on all dates of hearing.
3. No Witness Tampering: The petitioner shall not tamper with the prosecution witnesses.
4. Non-Recidivism: The petitioner shall not indulge in committing any offences.