KABC010086292024 IN THE COURT OF THE LXIII ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-64) AT BENGALURU Dated this the 5th day of April 2024 : PRESENT : Sri.A.V.Patil, B.Com., LL.B., LXIII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY. CRIMINAL MISCELLANEOUS NO.3060/2024 PETITIONER : Chandrappa.M S/o Munivenkatappa, Aged about 54 years, Residing at No.779/A/14, 5th Cross, Triveni Road, Gokula 1st Stage, 2nd Phase, Yeshwanthapura, Bengaluru – 560 022. (By Sri.Raghunatha Gowda.S, Advocate) – Vs – RESPONDENT : State by Excise Inspector, Division-4, BUD-1, RMV Range, Bengaluru. (By Public Prosecutor) 2 Crl.Misc.No.3060/2024 O R D E R The petitioner has filed this petition u/s 438 of Cr.P.C., for his release on bail in the event of his arrest in connection with Crime No.32/2023-24 of respondent Police for the offences punishable u/s 11, 14, 15, 32, 38(A), 43 of Karnataka Excise Act 1965.

2. It is stated in the bail application that the

petitioner is innocent and has not committed any offences as alleged in the complaint. The petitioner has not involved in the case but he has been falsely implicated in the case. He never stored/kept the seized liquor bottles inside the Godown for any purpose. He was not present inside the Godown at the time of raid. He is working in a Private Company and gaining sufficient source of income and there was no intention for the petitioner to store the liquor bottles in the said Godown for the purpose of sale or transporting the same. The Lokasabha election will be held shortly and due to that reason the complainant has falsely implicated the petitioner in the present case. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. He is ready and willing to abide by the terms and 3 Crl.Misc.No.3060/2024 conditions imposed while releasing him on bail. The petitioner apprehends his arrest. Hence, prayed to grant anticipatory bail.

3. The learned Public Prosecutor has opposed the

bail application by filing the objections statement. According to him, the materials collected during the investigation prima-facie disclose that the petitioner has committed the offence alleged against him. Hence, prayed to dismiss the bail petition filed by the petitioner.

4. Heard the arguments from learned Counsel for

petitioner and learned Public Prosecutor. Perused the materials placed on record.

5. The points that arise for my consideration are:

1. Whether the petitioner is entitled for anticipatory bail as prayed in the application filed under Sec.438 of Cr.P.C.?

2. What order?

6. My answer to the above points are as follows:

Point No.1: In the affirmative Point No.2: As per final order for the following; R E A S O N S

7. Point No.1:- As per the allegations made in the

complaint on 24.03.2024 the complainant was on patrolling duty, at that time received credible 4 Crl.Misc.No.3060/2024 information that petitioner to sell has illegally stored the liquor in the godown situated at basement of No.1136, Shop No.01, 2nd Main Road, BNS Complex, Yeshawanthapura, Bengaluru. Immediately, along with the staff and pancha’s made raid and found different company whiskey bottles, defence bottles, Vodka bottles in all 117 (87.750 ltr) in violation of Sec.11, 14, 15 which punishable u/s 32, 38(A) and 43 of K.E. Act and thereby committed the offences alleged in the complaint. Hence, the criminal case has been registered against the petitioner.

8. Since the offence alleged in the FIR are non-

bailable in nature, the petitioner has apprehension of arrest.

9. Admittedly, subject matter of the crime i.e.

Whiskey bottles and other bottles alleged to have been stored to sell without license has been seized by the respondent in the presence of panchas by conducting panchanama and thereby major portion of investigation has been completed. The offences alleged against the petitioner are not punishable with death or imprisonment for life and they are triable by the Court of Magistrate. The petitioner is resident of the address 5 Crl.Misc.No.3060/2024 given in the cause title and has no criminal antecedents. The involvement of the petitioner and commission of offences by him in the alleged crime is yet to be proved. The offences alleged against the petitioner are cognizable offences as per provisions of Cr.P.C. and the police officer may arrest the person involved in such offences without warrant. As the major portion of the investigation is completed by seizing the above said liquor tetra packets, I do not find any merits in the submission of learned P.P. that the petitioner is not entitled for anticipatory bail as he has committed the economic offences. The apprehension of the State can be taken care of by putting suitable conditions. Having regard to the facts & circumstances of the case, gravity of the offences alleged, punishment prescribed for them and apprehension of the arrest of the petitioner by the I.O. in the considered opinion of this Court the petitioner is entitled for grant of anticipatory bail by imposing appropriate conditions. Accordingly, I answer this point in the affirmative.

10. Point No.2:- In view of my findings on Point No.1,

I proceed to pass the following; 6 Crl.Misc.No.3060/2024 O R D E R The bail petition filed by petitioner u/s 438 of Cr.P.C is hereby allowed and anticipatory bail is granted. In the event of his arrest by the I.O. in Crime No.32/2023-24 of respondent Police for the offences punishable u/s 11, 14, 15, 32, 38(A) and 43 of Karnataka Excise Act 1965, the I.O. is directed to enlarge him on bail on executing his personal bond for Rs.50,000/- with one surety for like sum subject to following conditions:

1. Petitioner shall appear before the respondent police within 20 days from the date of this order.

2. Petitioner shall not tamper with the prosecution witnesses in any manner.

3. Petitioner shall appear before the Court during trial and co-operate for the disposal of the case.

4. Petitioner shall not commit similar to the offence alleged against him.

5. Petitioner shall appear before the I.O. as and when called for investigation.

6. Petitioner shall furnish the attested copy of their respective Adhaar cards and present residential address proof to the I.O. 7 Crl.Misc.No.3060/2024

Notwithstanding this order of anticipatory bail do not in any manner limit or restrict the rights and duties of the police or investigating agency, to investigate into the charges against the petitioner. (Dictated to the Stenographer Grade-I directly on computer, typed by her, taken print out, corrected by me and then pronounced in the open Court on this the 5th day of April 2024) (A.V.PATIL) LXIII Addl. City Civil and Sessions Judge (CCH-64), Bengaluru City.