Rajkumar S/O Ramchandra Edigar vs The State Through Dhannura Police ... on 20 April, 2016

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Karnataka High Court

Rajkumar S/O Ramchandra Edigar vs The State Through Dhannura Police ... on 20 April, 2016

Bench: K.N.Phaneendra

                              1




           IN THE HIGH COURT OF KARNATAKA

                  KALABURAGI BENCH

       DATED THIS THE 20TH DAY OF APRIL 2016

                            BEFORE

   THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

        CRIMINAL PETITION No.200514/2016
Between:

Rajkumar S/o Ramchandra Edigar
Aged: 32 years, Occ: Agriculture,
R/o Halhalli Village, Tq. Bhalki,
Dist: Bidar.
                                                ... Petitioner
(By Sri Anil Kumar Navadagi, Advocate)

And:

The State through
Dhannura Police Station,
Tq. Bhalki, Dist. Bidar.
                                              ... Respondent
(By Sri P.S. Patil, HCGP)

       This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to allow the petition and give a direction to
the respondent Dhannura P.S. of Bidar District to enlarge
the petitioner on bail in the event of his arrest in Crime
No.90/2014 of Dhannur P.S., of Bidar District, which is
registered for the offences P/U/Sec. 32, 34 of K.E. Act.

     This petition coming on for Orders this day, the Court
made the following:
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                         ORDER

The petitioner is arrayed as accused No.3 in Crime No.90/2014 for the offences under Sections 32 and 34 of Karnataka Excise Act submitted by Dhannur police. It is submitted that the charge sheet has already been filed but criminal case number yet to be given.

2. It is the case of the prosecution that 16.03.2014 at about 11 hours the PSI of Dhannur police on credible information that the petitioner and others are transporting illicit liquor, he conducted a raid of the house of one Shivakumar S/o Sharanappa Jhille, Malachapur village. The police on search found wine and brandy bottles worth Rs.22,834/- at the spot which was stored by accused No.2. The police have arrested accused No.2 and it appears he disclosed the name of accused No.1 and also stated that Manager of Renuka Wine Shop is also involved in the said offence. As rightly submitted by the learned counsel except 3 voluntary statement of accused No.2, nothing is there to show that this petitioner was at any point of time working as Manager in the said shop.

3. Learned High Court Government Pleader failed to show from the charge sheet papers any material is collected by the police that this petitioner at any point of time was working as a Manager or at the relevant point of time.

4. Under the above said circumstances, the petitioner has made out a ground for anticipatory bail. Hence, I pass the following:

ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.90/2014 for the offence under Sections 32 and 34 of Karnataka Excise Act, subject to the following conditions:

i) The petitioner shall voluntarily surrender himself before the learned jurisdictional Magistrate within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of `50,000/- (Rupees Fifty Thousand Only) with one solvent surety for the likesum to the satisfaction of the learned jurisdictional Magistrate.

ii) The petitioner shall not indulge in tampering the prosecution witnesses.

iii) The petitioner shall appear before the Court on all future dates of hearing unless prevented by any genuine cause.

Sd/-

JUDGE sdu

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