Karnataka High Court
Sri Ramesha vs State Of Karnataka on 18 February, 2013
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 18TH DAY OF FEBRUARY, 2013
BEFORE
THE HON'BLE MR.JUSTICE K.N.KESHAVANARAYANA
CRIMINAL PETITION No.271 OF 2013
BETWEEN:
SRI RAMESHA
S/O SRI PUTTEGOWDA
AGED ABOUT 33 YEARS
KARAPURA VILLAGE
ANTARASANTE HOBLI
H.D.KOTE TALUK
MYSORE DISTRICT
PIN - 571 114.
...PETITIONER
(BY SHRI V.R.BALARAJ, ADVOCATE)
AND:
STATE OF KARNATAKA
BY SHO OF SPECIAL POLICE STATION
E.E. & L.P. WING
MYSORE DISTRICT
REPRESENTED BY
THE LEARNED STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE - 560 001.
...RESPONDENT
(BY SHRI G.M.SRINIVASA REDDY, HCGP,)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF THE CODE OF CRIMINAL PROCEDURE PRAYING
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THAT THIS HON'BLE COURT MAY BE PLEASED TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF
HIS ARREST IN CRIME NO.118/2012 OF SPECIAL P.S., E.E.
& L.P. WING, MYSORE DISTRICT, WHICH IS REGISTERED
FOR THE OFFENCES P/U/S 32, 34 OF KARNATAKA
EXCISE ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
ON THIS DAY, THE COURT MADE THE FOLLOWING: -
ORDER
Apprehending his arrest by the respondent - police in connection with the case registered in Crime No.118/2012 for the offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965, the petitioner has presented this petition under Section 438 Cr.P.C seeking relief of anticipatory bail.
2. According to the case of the prosecution, the Police Inspector, Special Police Station (E.E. & L.P.) received credible information at about 3.50 p.m. on 31.10.2012 while he was on duty in Naganahalli village that liquor is being transported illegally in the neighboring village of Kharapura in H.D.Kote Taluk and immediately he along with his staff came near the bus 3 stand in Antharasanthe village, secured presence of two panchas, appraised them about the information received by him and from there all of them came in front of jungle lodge gate and at about 5 p.m. while they were waiting there, a person was found coming towards that place by carrying a polythene sack on his head containing some articles and on seeing the police party there, he threw the said sack and ran away from the place and thereafter on verification of the sack, it was found containing 23 Windsor Deluxe Whisky bottles each containing 180 ml and 6 Admiral Brandy bottles each containing 180 ml. Thereafter, in the presence of the panchas, samples were drawn and the said liquor was seized.
3. On enquiry, the Police Sub-Inspector came to know that this petitioner was the person who ran away from the place. Thereafter, the Police Sub-Inspector prepared the report and registered the case in Crime No.118/2012. On coming to know of the registration of 4 the case, the petitioner approached the learned Sessions Judge for relief of anticipatory bail. However, the said petition came to be rejected. Therefore, the petitioner is before this Court.
4. The petition is opposed by respondent-State.
5. I have heard both the sides and perused the records made available.
6. Admittedly, the petitioner has been arraigned as accused in the aforesaid case registered by the respondent-police for non bailable offences. Therefore, the apprehension of the petitioner that he is likely to be arrested in connection with the said case is well founded.
7. Even according to the prosecution, the person who said to have come there carrying a sack on his head, on seeing the police party, ran away from the place. There is no allegation in the suo motu report of 5 the Police Sub-Inspector that the police party tried to chase and catch him. The report does not prima facie indicate that the persons who were there had identified the culprit.
8. Having regard to the materials available on record, at this stage, I am of the opinion that there are no reasonable grounds to believe that the petitioner is guilty of the aforesaid offences. Therefore, he is entitled for the relief of anticipatory bail.
9. Hence, the petition is allowed. The respondent
- police are hereby directed to release the petitioner on bail, in the event of his arrest in connection with the case in Crime No.118/2012 on his executing personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Investigating Officer and subject to further conditions that,
i) Upon such arrest and release, the petitioner for the purpose of investigation shall appear before the 6 Investigating Officer whenever called upon to do so and co-operate in the investigation of the case.
ii) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner.
iii) The petitioner shall not indulge in any acts similar to the one alleged in the case.
SD/-
JUDGE ca