The High Court of Karnataka allowed a criminal petition under Section 438 CrPC, granting anticipatory bail to the petitioner, who was accused No. 2, against illegal liquor transportation charges.
Petitioner granted anticipatory bail in the event of arrest, subject to execution of personal bond with sureties and specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:10536 CRL.P No. 102062 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 102062 OF 2023 (438-)
BETWEEN:
PRADEEP S/O PARAMESHWAR PAWAR, AGE 23 YEARS, OCC BUSINESS R/O TAMBLE SOLAPUR, STATE MAHARASHTRA 413 213.
…PETITIONER
(BY SRI. R H ANGADI., ADVOCATE)
AND:
THE STATE OF KARNATAKA (KARWAR RURAL POLICE STATION) REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DAHRWAD BENCH, DHARWAD 580 011.
CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.14 12:34:19 +0530
…RESPONDENT
(BY SMT.GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. SEEKING TO ISSUE A DIRECTION TO THE KARWAR RURAL POLICE STATION TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH THEIR P.S. CRIME NO.40/2022, FOR THE OFFENCES PUNISHABLE U/S 32, 34 AND 38(A) OF KARNATAKA EXCISE ACT, PENDING ON THE FILE OF ADDL SENIOR CIVIL JUDGE AND II ADDL MACT, JMFC, KARWAR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC-D:10536 CRL.P No. 102062 of 2023
ORDER
Petitioner who is arraigned as accused No.2 has filed this petition under Section 438 of Criminal Procedure Code (For short “Cr.P.C.”) to grant him anticipatory bail in Crime No.40/2022 for the offences punishable under Section 32, 34 and 38(A) of Karnataka Excise Act, (for short “K.E.Act”).
submitted oral objections stating that complainant is working as PSI District Special Division, Uttara kannada District. According to him on 18.07.2022, he along with his staff were on beat duty, in the Jeep bearing registration No.KA-30/0533 at Karwar taluka. At 11.00 of karwar city,
near built circle, he received credible information that liquor is being transported illegally in a container lorry. Immediately, he brought the said fact to the notice of the Additional S.P., Karwar and submitted report to the Jurisdictional Magistrate and secureD permission. At 11.45
a.m. they intercepted the container lorry bearing registration No.MH.04/FJ-9979. It was driven by accused No.1-Sudhakar Arjun Golande. Though he tried to run away, he was apprehended. In the container lorry large quantity of various types of liquor as detailed in the report was found. The total of worth seized liquor is Rs.26,29,536/-.
3.1. Based on the report, case is registered in the Crime No.40/2022 for the offences punishable under
NC: 2023:KHC-D:10536 CRL.P No. 102062 of 2023
Section 32, 34 and 38(A) of K.E. Act and investigation is taken up. During the course of investigation, it is revealed
that petitioner/accused No.2 is owner of the container lorry in question. After completing investigation, charge sheet is filed. From the date of complaint, petitioner/accused No.2 absconded. Charge sheet makes out prima facie case and prays to reject the petition.
Special Division, Uttara kannada District. According to him on 18.07.2022, he and along with his staff were on beat duty, in the Jeep bearing registration No.KA-30/0533 at Karwar taluka. At 11.00 a.m. near built circle, he received credible information that liquor is being transported illegally in a container lorry. Immediately, he brought the said fact to the notice of the Additional S.P. Karwar and submitted report to the Jurisdictional Magistrate and secure permission. At 11.45 a.m. they intercepted the container lorry bearing registration No.MH.04/FJ-9979. It
was driven by accused No.1-Sudhakar Arjun Golande. Though he tried to run away, he was apprehended. In the container lorry large quantity of various types of liquor as detailed in the report was found. The total worth of seized liquor is Rs.26,29,536/-.
NC: 2023:KHC-D:10536 CRL.P No. 102062 of 2023
petitioner/accused No.2 is entitled for anticipatory bail. Accordingly, following:
ORDER
Petition is allowed.
In the event of his arrest in Crime
No.40/2022 for the offences punishable under Section 32, 34 and 38(A) of Karnataka Excise Act, Petitioner/accused No.2 shall be released on
bail, subject to following:
CONDITIONS
a) The petitioner/accused No.2 shall execute a personal bond in a sum of Rs.1,00,000/-
with two sureties for the like-sum.
b) The petitioner/accused No.2 shall appear before the investigating officer within a period of 15 days and execute the bail bond and offer surety.
his residential address proof and shall
NC: 2023:KHC-D:10536 CRL.P No. 102062 of 2023
inform the investigating officer/Court if there is any change in the address.
d) The petitioner/accused No.2 shall mark his attendance at the Jurisdictional Police Station once in 15 days till filing of the charge sheet.
e) Petitioner/accused No.2 shall not tamper with the prosecution witnesses either directly or indirectly.
f) Petitioner/accused No.2 shall not indulge in any criminal activities.
g) Petitioner/accused No.2 shall be regular in attending the Court proceedings.
SD/JUDGE
AC
List No.: 1 Sl No.: 26
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in the event of his arrest for offences under the Karnataka Excise Act.
2 provisions across 2 enactments
PRADEEP S/O PARAMESHWAR PAWAR
THE STATE
J.M. KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
