Allowed

Sri Suresha J S v. the State of Karnataka

Karnataka HC17 Nov 2022CRL.P/8827/2022

Case brief

AI extract

What is this about?

This order grants anticipatory bail to two petitioners accused of selling liquor to a minor under the Karnataka Excise Act and the Juvenile Justice Act. The court noted the investigation was concluded and a charge sheet laid, though the minor's statement was not recorded.

What did the court decide?

Petition allowed; petitioners enlarged on bail upon personal bond of Rs. 1,00,000 with one surety and depositing cash surety of Rs. 1,00,000 before CJM within 15 days of release.

Sri Suresha J S Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2022)

¶1

¶2

CRL.P No. 8827 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 17^TH DAY OF NOVEMBER, 2022

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO. 8827 OF 2022

¶7

BETWEEN:

¶8

SRI. SURESHA J.S. S/O. SINASHETTY, AGED ABOUT 20 YEARS R/O. JAINAHALLI VILLAGE, K.R.PETE TALUK MANDYA DISTRICT - 571605 WORKING AS CAHIER AT AKSHAY BAR AND RESTAURANT, BETTADASANAPURA MAIN ROAD, BETTADASANAPURA BENGLAURU CITY BENGLAURU - 560 100

¶9

SRI. KUMAR B.J., S/O. JAVAREGOWDA AGED ABOUT 49 R/O NO. 866/11 (NEW 3166), 8th CROSS, VBHCS LAYOUT, GIRINAGAR 4th PHASE, BANASHANKRI III STAGE, BENGALURU 560085 CL-9, LICENSEE , AKSHAY BAR AND RESTAURANT , BETTADASANAPURA MAIN ROAD, BETTADASANAPURA BENGALURU CITY, BENGALURU-560 100

¶10

…PETITIONERS

¶11

(BY SRI. ABHISHEK N.N., ADVOCATE)

¶12

¶13

CRL.P No. 8827 of 2022

¶14

AND:

¶15

THE STATE OF KARNATAKA REP. BY ELECTRONIC CITY P.S., ELECTRONIC CITY, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560001

¶16

…RESPONDENT

¶17

(BY SRI K. NAGESHWARAPPA., HCGP)

¶18

THIS CRL.P FILED U/S.438 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.127/2022 FOR THE OFFENCE P/U/S 36(1)(G) OF KARNATAKA EXCISE ACT AND SEC.77 OF J.J (CARE AND PROTECTIOPN OF CHILDREN) ON THE FILE OF THE CJM, BANGLAORE RURAL DISTRICT, BANGALORE.

¶19

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

¶20

ORDER

¶21

The petitioners have filed this petition under

¶22

Section 438 of Cr.P.C for enlarging them on anticipatory bail in the event of their arrest in Crime No.127/2022 of Electronic City Police Station registered for the offence punishable under Sections 36(1)(G) of the Karnataka Excise Act, 1965 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

¶23

¶24

CRL.P No. 8827 of 2022

¶25

Heard learned counsel for the petitioners and

¶26

learned HCGP for respondent – State. Perused the records.

¶27

The brief facts of the case are that on

¶28

26.06.2022 at 6.30 hours on the basis of the complaint presented by ASI before the SHO, Electronic City Police Station, case came to be registered in Crime No.127/2022. The allegations made in the report is that the complainant and Police staffs were engaged in verifying the bar and restaurants at 5.25 p.m., and when

¶29

they noticed that at Akshaya Bar and Restaurant on Bettadasanapura Main Road, the cashier was selling liquor bottles to a minor aged about 16 years. They apprehended the minor, and on interrogation, the minor informed them about the purchase of Kingfisher Strong Premium Beer bottles from petitioner No. 1 -Suresh Shetty, the cashier. On further interrogation, it came to know that in order to earn money, the petitioner No.1

¶30

¶31

CRL.P No. 8827 of 2022

¶32

sold Beer bottles to the minors. In this regard the complaint came to be registered.

¶33

On the basis of the complaint, FIR was issued and petitioner No.1 being the cashier and petitioner No.2 being the owner have approached the learned Sessions Judge and the learned Sessions Judge had rejected the bail petition. Hence, the petitioners are before this Court seeking for the anticipatory bail.

¶34

Having heard the arguments and perused the

¶35

records, the allegations disclose that petitioner No.1 being the cashier and petitioner No.2 onwer, were found selling liquor bottles to minors, aged about 16 years, which is not permissible under the above mentioned Act and is in violation of the licence conditions. Even though it is noticed that his licence was subsequently renewed, on verification it is noticed that the Investigation Officer has not even recorded the statement of minor child who was found purchasing the liquor bottles, and the

¶36

¶37

CRL.P No. 8827 of 2022

¶38

statement of the child was also not produced. The Investigating Officer has not produced the child before the concerned Magistrate and ought to have made an attempt to get recorded statement under Section 164 of Cr.P.C., but that was also not done. The offences alleged are not punishable with death or life imprisonment and are triable by the learned Magistrate. Under these circumstances, I do not find any impediment in admitting the petitioner on anticipatory bail as the investigation is concluded and a charge sheet has been laid down. Hence, this petition needs to be allowed and accordingly, I proceed to pass the following;

¶39

ORDER

¶40

The petition is allowed . The petitioners/accused are directed to be enlarged on bail in the event of their arrest in Crime No.127/2022 of Electronic City Police Station, registered for the offence punishable under Sections 36(1)(G) of the Karnataka Excise Act, 1965 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, pending on the

¶41

¶42

CRL.P No. 8827 of 2022

¶43

file of the Chief Judicial Magistrate (CJM), Bengaluru Rural District, Bengaluru on executing personal bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer and also on depositing cash surety of Rs.1,00,000/- (Rupees One Lakh only) before the learned Chief Judicial Magistrate within 15 days after getting released on bail, subject to the following conditions:

¶44

i) Petitioners shall surrender themselves before the concerned Court within fifteen days from the date of receipt of a certified copy of this order and in the event of surrender, the concerned Court shall release them on bail as directed.

¶45

ii) Them shall not directly or indirectly tamper with any of the prosecution witnesses.

¶46

iii) They shall not indulge in any similar offences.

¶47

¶48

CRL.P No. 8827 of 2022

¶49

iv) They shall regularly appear before the Court unless they are exempted by specific order and shall co-operate in speedy disposal of the matter.

¶50

v) They shall not leave the jurisdiction of the Court without prior permission.

¶51

vi) He shall deposit cash surety of Rs.1,00,000/before concerned jurisdictional Court within 15 days after his release.

¶52

Sd/JUDGE

¶53

GJM

Sri Suresha J S v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Suresha J S v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Imran @ Mady Imran Vs State of Karnataka by

Smt. Krithika Saraswathi Vs Sri. K. Lakshminarayana

Khaja Nawaz @ Nawaz Pasha Vs State by

Sri. S H Kulkarni Vs the Divisional Controller

Aboobakkar Siddique. B Vs the State of Karnataka

Sri. Swamy @ Nagendra Vs the State of Karnataka