Sri Narayanaswamy vs State Of Karnataka on 26 October, 2021

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Karnataka High Court

Sri Narayanaswamy vs State Of Karnataka on 26 October, 2021

Bench: K. Natarajan

                       1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 26TH DAY OF OCTOBER, 2021

                     BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

       CRIMINAL PETITION No.6828/2021

BETWEEN:

SRI. NARAYANASWAMY
S/O ANNAMALAI
AGED ABOUT 60 YEARS,
RESIDING AT NO.144,
NEHARU NAGARA,
TAMIL COLONY,
MANDYA CITY-571 401.
                                     ...PETITIONER
(BY SRI.KASHINATHA J.D, ADVOCATE)

AND:

STATE OF KARNATAKA
BY EXCISE INSPECTOR,
MANDYA RANGE,
MANDYA TOWN,
REPRESENTED BY SPP,
HIGH COURT OF KARNTAKA,
BENGALURU-560 001.
                                   ...RESPONDENT
(BY SRI.R.D. RENUKARADHYA, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CR.P.C. BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HONBLE COURT MAY
BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN
                          2


THE EVENT OF HIS ARREST IN FIR.No.97/2020-
21/2504IE/250404 OF MANDYA DISTRICT FOR THE
OFFENCE P/U/S 11, 14, 32(1), 38(A), 43 OF
KARNATAKA EXCISE ACT 1965.

    THIS CRIMINAL PETITION COMING ON              FOR
ORDERS, THIS DAY, THE COURT MADE                  THE
FOLLOWING:

                     ORDER

This petition is filed by the petitioner/accused under Section 438 of Cr.P.C. for granting anticipatory bail in the event of his arrest in F.I.R.No.97/2020- 21/2504IE/250404 registered by Mandya Police Station for the offences punishable under Sections 11, 14, 32(1), 38(A), 43 of Karnataka Excise Act pending on the file of Principal Civil Judge and JMFC Court, Mandya.

2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

3. The case of the prosecution is that on 09.06.2021 the Excise Inspector along with others 3 were on patrolling duty at 100 feet road, Mandya city. At that time, one person came in a two wheeler carrying a plastic bag, on suspicious, when the inspector gave signal to stop the vehicle, he fled away by leaving the vehicle. After searching the vehicle, they found 8.640 liters of liquor containing 90 ml of 96 tetra packets transporting illegally without any license or permit. They seized the said liquor by drawing mahazar. After registering the case, the Police made hectic efforts to arrest the RC owner of the vehicle. Therefore, the petitioner approached the Sessions Court for grant of bail which came to be rejected. Hence, he is before this Court.

4. Upon hearing the arguments of counsel for the petitioner and the learned High Court Government Pleader for respondent-State and on perusal of records, admittedly, the petitioner is said to be the RC owner of the vehicle bearing registration No.KA-11-7-5861 and the vehicle was put to inspection by the respondent - 4 Excise Inspector. At that time, the driver of the vehicle fled away from the spot leaving the vehicle. After searching the vehicle, they found 8.640 litres of terra pack silver cup brandy of 90 ml of 96 tetra packets was seized. The alleged offence is not punishable with death or imprisonment for life. The petitioner is the RC owner of the vehicle and there is a apprehension of being arrested. If he is arrested he may be put into hardship and loss. Therefore, looking into the facts and circumstances of the case, by imposing stringent conditions, if the petitioner-accused is granted anticipatory bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:

ORDER The criminal petition is allowed.

The respondent-Excise Inspector is directed to release petitioner-accused on bail in the event of his arrest in F.I.R.No.97/2020-21/2504IE/250404 registered by Mandya Police Station for the offences punishable under Sections 11, 14, 32(1), 38(A), 43 of 5 Karnataka Excise Act, pending on the file of Principal Civil Judge and JMFC Court, Mandya, subject to the following conditions:-

i) The petitioner shall execute personal bond in a sum of Rs.10,000/- (Rupees Ten Thousand only) with a surety for likesum to the satisfaction of the Investigating Officer;

ii) He shall not tamper the prosecution witnesses directly or indirectly;

iii) He shall surrender before the Investigating Officer within 15 days from the date of receipt of certified copy of this order;

iv) He shall not indulge in similar offences;

v) He shall appear before the Investigating Officer as and when called for the purpose of investigation;

If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.

Sd/-

JUDGE AG

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