KABC010086162024 Presented on : 27-03-2023 Registered on : 27-03-2023 Decided on : 06-04-2024 Duration : 01 years, 0 months, 9 days IN THE COURT OF THE LXIV ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-65) AT BENGALURU) Dated this 6th day of April 2023 -: P R E S E N T :- Smt. Kalpana M.S., B.Sc., LL.M.,PGD-CLCF., LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. Crl.Misc.No. 3054/2024 PETITIONER: Mr.Nagaraj Hiremath, S/o.Gavi Siddayya.H Aged about 41 years, R/at.No.1029, 4th Block, Janapriya Apartment, Allalasandra, Yelahanka, Bengaluru560 065. Crl.Mis.No.3054/2024 (By Sri. Ravikumar.P.R) /Vs/ RESPONDENT : State of Karnataka By Excise Jakkur Range, Bengaluru. (Rep. By Learned Public Prosecutor) ORDER ON ANTICIPATORY BAIL APPLICATION FILED U/S.438 OF CR.P.C. Petitioner has filed this petition U/s.438 of Cr.P.C., seeking anticipatory bail in Cr.No.197/2024 of Department of Excise, Jakkur Range, Bengaluru for the offences punishable U/s.11, 14, 15, 32(1), 40 of Karnataka Excise Act pending on the file of 7th Addl.Chief Metropolitan Magistrate, Bengaluru.

2. Learned Public Prosecutor appearing for the

State has filed objection along with report of the Investigating Officer, opposing the bail petition. Crl.Mis.No.3054/2024

3. For the purpose or brevity, the facts stated in

the petition and objections will be stated at the appropriate stage of orders.

4. Heard arguments. Perused the materials on

record.

5. The points that arise for my consideration are;

1. Whether petitioner is entitled for

anticipatory bail U/s.438 of Code of Criminal Procedure?

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:- Along with petition, petitioner

have produced certified copies of F.I.R of Crl.Mis.No.3054/2024 Cr.No.197/2024, complaint, Address proof of the petitioner and notice. Perused the same.

8. The facts set out in the complaint and F.I.R. in

brief is as under; That the complainant-Inspector of Excise received information that petitioner-Nagaraj Hiremath, unauthorisedly possessing alcohol and conducted ride and found 10 bottles of 750 ml Black Dog whisky total 7,500 liters of liquors and 750ml of Black Dog White Whisky bottles 10 in numbers, in the bag near Srinivasapura, Yelahanka Kogilu towards Kannur. The property was seized under the mahazar and accordingly complaint lodged against the petitioner. In the course of investigation, notice issued to the petitioner. Crl.Mis.No.3054/2024

9. Learned counsel for the petitioner vehemently

argued that, he is innocent of the alleged offences and has not committed any such offences. He has been falsely implicated in this case. There is apprehension of the arrest by the respondent officials. The petitioner has made out prima facie case for grant of pre-arrest bail. It is pertinent to note that the learned counsel for the petitioner has relied upon the citations mentioned below:

1. (2016) 03 KAL C.C.0226

2. Crl.P.No.5454/2023

3. Crl.P.No.8469/2017

4. Crl.P.No.8444/2019

5. Crl.P.No.3664/2014

6. Crl.P.No.102321/2018

7. Crl.P.No.10336/2011

The above citations are produced to show that Section 32(1) is cognizable offence and Hon’ble High Crl.Mis.No.3054/2024 Court of Karnataka granted bail U/s.438 of Cr.P.C. in similar offence.

10. At the out set, alleged offences are triable by

Magistrate and the alleged offences are not punishable with death penalty or imprisonment for life. The commission of offences by petitioner is required to be established during trial. The Hon'ble Supreme Court of India in the decision of State of Rajasthan, Jaipur Balachandh @ Baliay (AIR 1977 SC 2447) and in catena of decisions pleased to laid down the legal doctrine that "Bail is a rule and jail is an exception". This legal doctrine is laid down for safe guarding a fundamental right under article 21 of Constitution of India, granting the right to life and liberty.

11. The petitioner has permanent place of abode

at Bengaluru. The chances of flee from justice is remote. Crl.Mis.No.3054/2024 He have no criminal antecedents. The apprehension of the prosecution could be met by imposing suitable conditions to secure the petitioner for the purpose of investigation of trial. Under these facts and circumstances, I am of the opinion that, to struck the balance between individual liberty and fair trial as well as welfare of society, it is proper to enlarge the petitioner on bail by imposing appropriate terms and conditions. Therefore, in the considered view of this court, if the petitioner is granted bail with stringent conditions, it would safeguard the interest of prosecution. Petitioner has made out acceptable grounds to grant bail as prayed subject to conditions. The apprehension of the prosecution could be met by imposing stringent conditions to secure the accused person during trial. Under these facts and circumstances and having regard Crl.Mis.No.3054/2024 to the nature of offences alleged and punishment prescribed and in view of the law laid down by Hon'ble Supreme Court of India in the case of Satender Kumar Antil V/s.Central Bureau of Investigation reported in 2022 Live Law (SC) 577, I am of the opinion that, it is proper to enlarge the petitioner on bail by imposing appropriate terms and conditions, in the interest of trial. Accordingly, point No.1 is answered in the Affirmative.

11. POINT NO.2: In view of the aforesaid

discussion, this court proceed to pass the following : O R D E R Anticipatory bail petition U/s.438 of Cr.P.C., filed by petitioner/ accused person is allowed. Crl.Mis.No.3054/2024 Respondent Excise officer is directed to release the petitioner/ accused person on bail in the event of his arrest in Cr.No.197/2024 of Department of Excise, Jakkur Range, Bengaluru for the offences under Sections 11, 14, 15, 32(1), 40 of Karnataka Excise Act pending on the file of 7th Addl.Chief Metropolitan Magistrate, Bengaluru by taking personal bonds for Rs.50,000/- (one lakh) each with one surety for like sum under following conditions;

1. Petitioner/accused person shall appear

before Investigating Officer and cooperate with investigation within 15 days from the date of this order and make himself available for investigation as and when called by the Investigating Officer. Crl.Mis.No.3054/2024

2. He shall mark his attendance at respondent Excise office on 1st and 3rd

Sunday of every month between 10.00 a.m. and 2.00 p.m., till conclusion of investigation.

3. He 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 either to the Investigation Officer or to the trial court.

4. He shall not leave the jurisdiction of India without prior permission of the

trial court.

5. He shall not involve in any criminal

activities.

6. In the event any change in the

residential address, petitioner and his Crl.Mis.No.3054/2024 sureties shall intimate the same to the trial court immediately without fail. Violation of any of these conditions would entitle cancellation of bail. (Dictated to the Stenographer, directly typed by her and corrected, signed and then pronounced by me in the open court on this 6th day of April, 2023.) (KALPANA M.S.) LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. Crl.Mis.No.3054/2024 Order pronounced in the open Court, vide separate Order:- O R D E R Anticipatory bail petition U/s.438 of Cr.P.C., filed by petitioner/ accused person is allowed. Respondent Excise officer is directed to release the petitioner/ accused person on bail in the event Crl.Mis.No.3054/2024 of his arrest in Cr.No.197/2024 of Department of Excise, Jakkur Range, Bengaluru for the offences under Sections 11, 14, 15, 32(1), 40 of Karnataka Excise Act pending on the file of 7th Addl.Chief Metropolitan Magistrate, Bengaluru by taking personal bonds for Rs.50,000/- (fifty thousand) with one solvent surety for like sum under following conditions;

1. Petitioner/accused person shall

appear before Investigating Officer and co-operate with investigation within 15 days from the date of this order and make himself available for investigation as and when called by the Investigating Officer.

2. He shall mark his attendance at respondent Excise office on 1st and

3rd Sunday of every month between Crl.Mis.No.3054/2024 10.00 a.m. and 2.00 p.m., till conclusion of investigation.

3. He 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 either to the Investigation Officer or to the trial court.

4. He shall not leave the jurisdiction of

India without prior permission of the trial court.

5. He shall not involve in any criminal activities.

6. In the event any change in the residential address, petitioner and

his sureties shall intimate the same to the trial court immediately without fail. Crl.Mis.No.3054/2024 Violation of any of these conditions would entitle cancellation of bail. (KALPANA M.S.) LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65 BENGALURU CITY.