KABC010079442024 IN THE COURT OF THE LXIII ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-64) AT BENGALURU Dated this the 2nd day of April 2024 : PRESENT : Sri.A.V.Patil, B.Com., LL.B., LXIII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY. CRIMINAL MISCELLANEOUS NO.2832/2024 PETITIONER : Nagaraj.N S/o Narasimhaiah, Aged about 55 years, Residing at No.49, 1st Cross, 1st Main, Kamalanagar, Bengaluru – 560 079. (By Sri.Ramesh Gogi, Advocate) – Vs – State by Excise Inspector, RESPONDENT : Basaveshwar Nagar Range, BUD-03, Bengaluru. (By Public Prosecutor) 2 Crl.Misc.No.2832/2024 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.42/2023-24 of respondent Police for the offences punishable u/s 11, 12, 14, 15, 32(1), 34, 38(A) 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. The petitioner is blind and disable and is unable to maintain himself. He is residing in the address mentioned in the cause title. He came to know that he was also arraigned as accused No.1 in the FIR. 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 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 3 Crl.Misc.No.2832/2024 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 24.01.2024 the complainant was on patrolling duty, at that time received credible information that petitioner was illegally stored the liquor to sell in H,No.49, 1st Cross, Kamala Nagar. Therefore, along with the staff and pancha’s made raid and found bag consisting of 90 ml, Hywards Punvh 63 tetra packets totally 5.670 Liter in violation of Sec.11, 4 Crl.Misc.No.2832/2024 12, 14, 15 which punishable u/s 32, 38(A) of K.E. Act and thereby committed the offences alleged in the complaint. Hence, the criminal case has been registered against the petitioner.

8. Admittedly, subject matter of the crime i.e. liquor

packets 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 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 5 Crl.Misc.No.2832/2024 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.

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

I proceed to pass the following; 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.42/2023-24 of respondent Police for the offences punishable u/s 11, 12, 14, 15, 32(1) 38(A) 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 6 Crl.Misc.No.2832/2024 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.

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 2nd day of April 2024) (A.V.PATIL) LXIII Addl. City Civil and Sessions Judge (CCH-64), Bengaluru City.