Karnataka High Court
Dayananda vs State Of Karnataka on 5 March, 2022
Author: V. Srishananda
Bench: V. Srishananda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL PETITION No.1616/2022
BETWEEN:
DAYANANDA S/O SHIVARAMAIAH
AGED ABOUT 32 YEARS
RESIDING AT #193, 6TH CROSS
NIRMITHI KENDRA, BOGADHI II STAGE
MYSURU CITY-570 015
...PETITIONER
(BY SRI. KUMARA K.G., ADVOCATE)
AND:
STATE OF KARNATAKA BY
STATE BY EXCISE POLICE STATION
MYSURU RANGE-3
MYSURU-570 014
... RESPONDENT
(BY SRI. RAHUL RAI .K., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CR.NO.31/2021-22
REGISTERED BY EXCISE POLICE STATION, MYSURU RANGE-
3, WHICH IS PENDING ON THE FILE OF HONOURABLE
J.M.F.C.-II COURT, MYSURU FOR THE OFFENCE P/U/S
11,13,14,32,43(A) OF KARNATAKA EXCISE ACT AND RULE
21 OF KARNATAKA EXCISE (POSSESSION, TRANSPORT,
IMPORT AND EXPORT OF INTOXICANTS) RULES.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Kumara.K.G, learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
2. This petition is filed under Section 438 of Cr.P.C. with the following prayer:
"Wherefore, the petitioner (accused) prefers this petition to grant anticipatory bail in the event of his arrest in crime No.31/2021-22 of the respondent Excise Police Station Mysuru Range-3 which is pending on the file of the Hon'ble COURT OF JUDICIAL MAGISTRATE FIRST CLASS-II, MYSURU, for the alleged offences punishable under Sections 11, 13, 14, 32, 43(A) of Karnataka Excise Act and Rule 21 of Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, with a direction to release him on bail in the event of arrest in the above crime, on such terms and conditions in the ends of justice."3
3. A complaint filed by Excise Inspector, Mysuru Range-3 contending that in view of the Vidhana Parishat election, the complainant and his staff were doing patrolling duty on 24.11.2021. At that juncture, they spotted a Hero Honda Splendor Plus motor bike bearing No.KA-14-V-5564 carrying a plastic bag. The said vehicle was intercepted by the raid party and on verification, a card board box was found in the plastic bag which contain original choice whisky of 47 tetra packets and other liquor items in all 7 liters. The carrier did not possess a valid license or permit. In fact soon after he parked the vehicle, he ran away from the spot. The raid party seized the motor cycle and illicit liquor, drew samples and lodged a complaint. Attempt made by the petitioner to seek for grant of anticipatory bail is turned down by the learned Principal District Judge, Mysuru in Crl.Misc.No.112/2022. Thereafter, petitioner is before this Court.
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4. Learned counsel for the petitioner submits that he is innocent of the offences alleged against him and police have falsely implicated him in the case. Therefore, sought for grant of anticipatory bail.
5. Per contra learned HCGP opposes the grant of bail stating the custodial investigation is necessary and therefore, sought for dismissal of the petition.
6. This Court perused the material on records in view of the rival contentions.
7. Admittedly the petitioner is absconding from the date of offence i.e., from 24.11.2021. Even after lapse of 5 months, Investigating Agency is not able to apprehend the petitioner. Since, the Investigating Agency has already seized the motor cycle and illicit liquor, the custodial investigation is only limited to get the further information from the accused with regard to the source and other aspects of the matter. While the 5 right of the accused needs to be protected, need of the custodial investigation of the prosecution need to be balanced in a harmonious way. Accordingly, without expressing any opinion on the merits of the case, this Court pass the following:
ORDER
1. The Criminal Petition is allowed.
2. Petitioner is directed to appear before the investigation officer on 22.03.2022 at 10.00 a.m.
3. The Investigation Officer shall take the petitioner to custody and complete the custodial investigation if any, on the same day before 6.00 p.m. Thereafter, enlarge the petitioner on bail, on he executing a personal bond in a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for the likesum to the satisfaction of the trial Court/Jurisdictional Police.6
4. Petitioner shall not directly or indirectly hamper the investigation process or tamper the prosecution witnesses in any manner.
5. Petitioner shall mark his attendance before the Investigating Officer on every alternate Sunday between 10.00 am and 2.00 pm., till the final report is filed.
6. Petitioner shall not leave the jurisdiction of Mysuru District without prior permission.
7. Petitioner shall attend the Court regularly.
8. Petitioner shall not repeat the offences.
Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.
Ordered accordingly.
Sd/-
JUDGE NS