KABC010084672024 IN THE COURT OF LXVII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.No.68) PRESENT SRI. KASHIM CHURIKHAN, B.A., LL.M. LXVII Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 6th day of April 2024 Crl.Misc.No. 2987 /2024 Petitioner: T.H. Shivakumar, S/o Thopappa, Aged about 26 years, R/at Bidaregere Village, Kuppagadde Hobli, Soraba Taluk, Shivamogga District. And also R/at SLV Complex, Madhure Main Road, Hesaraghatta, Bengaluru North Taluk, Bengaluru. (By Sri. S.S.N, Advocate) -Vs- Respondent: State by Yalahanka Range Excise Police, Bengaluru. (By learned Public Prosecutor) ORDER ON BAIL PETITION This is bail petition u/s.438 of Cr.P.C, filed by the learned counsel for the petitioner seeking anticipatory 2 Crl.Misc.No.2987/2024 bail to the petitioner in the event of his arrest in Cr.No.60/2023-24 of the respondentYalahanka Range, Excise Police, Bengaluru) registered for the offence punishable u/s.11, 14, 15, 32, 38(A) and 43(A) of Karnataka Excise Act, pending on the file of learned 31st A.C.M.M, Bengaluru.

2. The brief facts of the case are as under:

The informant being Excise Sub-Inspector, Yalahanka Range, Bengaluru has lodged report to the Police stating that on 21.03.2024 at about 4.00 p.m. when he was on patrolling duty, he received credible information about illegal transportation of liquor. In front of Indian Agriculture Research Institute Gate, he searched the TVS scooter of accused bearing No.KA-51/JC-3454 and they found liquor packets and thus, the accused was illegally transporting the liquor and seized the same along with vehicle.

3. In the bail petition, the petitioner being accused

has contended that he is innocent of the alleged offence and a false case has been registered against him for the purpose of giving the statistics during election season. The offences alleged are not punishable with death or life imprisonment. He is the only earning member and his family is entirely depending on his earnings. He has permanent abode and has deep roots in the society. The petitioner is ready and willing to abide the terms and conditions 3 Crl.Misc.No.2987/2024 those going to be imposed by this court and ready to offer surety to the satisfaction of the court, if anticipatory bail is granted. Hence, sought for allowing the bail petition.

4. The learned Public Prosecutor has filed objections

and contended that the investigation is yet to be completed. There are prima-facie materials as to the commission of alleged offences. The petitioner has not assigned any genuine reasons for granting bail. The petitioner is absconding from the date of commission of alleged offence. At this stage, if the petitioner is enlarged on anticipatory bail, he may threaten the prosecution witnesses, destroy the prosecution evidence and hamper the investigation by fleeing away from justice. Hence, sought for rejection of the bail petition.

5. Heard.

6. The points raised for determination are as under:

1. Whether the petitioner has made out sufficient grounds to enlarge him on anticipatory bail ?

2. What Order ?

7. My findings to the above points are as under:

Point No.1 : Affirmative, Point No.2 : As per the final order, for the following: 4 Crl.Misc.No.2987/2024 R E A S O N S

8. P oint No.1 : The case of the prosecution is that

on the alleged date, time and place, the accused has illegally transporting the liquor without valid permission in the TVS scooter bearing No.KA-51/JC-3454. The same has been denied by the learned counsel for the petitioner.

9. It is submitted by the learned counsel for the

petitioner that for statistical purpose, this case is registered and the petitioner has been implicated in the case. Prays to allow the bail petition.

10. The fact that the accused was illegally transporting

the liquor in the TVS scooter is to be proved in full fledged trial with authenticated testimony of the prosecution witnesses. That apart, securing the accused for the purpose of investigation and trial are the criteria to grant bail. The offences alleged against the petitioner are not punishable with either death or imprisonment for life, which are triable by the Court of Magistrate. The apprehension of the petitioner as to likelihood of his arrest by the respondent Police is well founded. The petitioner is ready to abide the bail conditions and ready to furnish surety for his due appearance before the Investigating Officer as well as before the court for the purpose of trial. The apprehension of prosecution could be dealt with by imposing some conditions. 5 Crl.Misc.No.2987/2024 Therefore, the petitioner is entitled for anticipatory bail. Accordingly, I answer the Point No.1 in the affirmative.

11. Point No.2: My finding on this point is as per the

following : O R D E R The bail petition filed by the petitioner u/s.438 Cr.P.C., is hereby allowed, subject to the following conditions:

1. The petitioner is ordered to be released on bail in the event of his arrest in Cr.No.60/2023-24 of the respondentYalahanka Range, Excise Police, Bengaluru on executing his self bond for a sum of Rs.1,00,000/- along with a surety for like sum;

2. The petitioner shall appear before the Investigating Officer within 15 days from the date of this order and assist him in investigation as and when required;

3. The petitioner shall appear before the trial court on all the dates of hearing;

4. The petitioner shall not tamper with the prosecution witnesses;

5. The petitioner shall not indulge in committing any offences.

(Dictated to the Stenographer Grade-I directly on computer, corrected, signed and then pronounced by me in the open court on this the 6th day of April, 2024) (Kashim Churikhan) LXVII Addl.City Civil & Sessions Judge, Bengaluru. Digitally signed by KASHIM KASHIM MOHADDINSAHEB MOHADDINSAHEB CHURIKHAN CHURIKHAN Date: 2024.04.16 12:59:04 +0530