Sukhdev S/O Bhiya Ram Vs the State of Karnataka

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NC: 2025:KHC-D:9255 CRL.P No. 101932 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28^TH DAY OF JULY 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101932 OF 2025 (438(CR.PC)/482(BNSS))

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BETWEEN:

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SUKHDEV S/O BHIYA RAM, AGE: 27 YEARS, OCC: BUSINESS, R/O: HOUSE NO.42, INDIRA NAGAR, MITHIROHAR VILLAGE, KARIROHAR POST, KACHHA, STATE: GUJARATH-370 001.

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… PETITIONER

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(BY SRI. S.G. NANDOOR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, (PSI EXCISE P.S., KALAGHATAGI RANGE, DHARWAD SUB-DIVISION), REP. BY SPP, HIGH COURT BUILDING, DHARWAD.

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… RESPONDENT

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(BY SMT. KIRTILATA R. PATIL, HCGP)

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Digitally signed by RAKESH S RAKESH HARIHAR S Location: HIGHCOURT OF HARIHAR KARNATAKA DHARWAD BENCH

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EXCISE P.S., KALAGHATAGI RANGE, DHARWAD SUB DIVISION, CRIME NO.14/2024-25, PENDING ON THE FILE OF CIVIL JUDGE (JR.DN.) AND JMFC, COURT KALAGHATAGI FOR THE OFFENCE PUNISHABLE UNDER SECTION 11, 12, 14, 15, 32(1), 34 38(A), 43 OF KARNATAKA EXCISE ACT 1965. IN RESPECT OF ACCUSED NO.2/PETITIONER IS CONCERNED ON SUCH TERMS AND CONDITIONS.

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THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER

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NC: 2025:KHC-D:9255 CRL.P No. 101932 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused No.2 in Crime No.14/2024-25 registered by Inspector of Excise Department, Kalghatagi Range, Dharwad Sub Division, for offences punishable under Sections 11, 12, 14, 15, 32(1), 34, 38A, 43 of Karnataka Excise Act, 1965, is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail.

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Heard the learned counsel for the parties.

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It is the case of the prosecution that on 20.02.2025 at about 06:00 a.m., the lorry bearing registration No.GJ-39/T-2941 was intercepted by the SubInspector of Excise Department, Dharwad Sub-Division and it was found that the said lorry which was driven by accused No.1 contained about 40,000 liters of spirit and the same was being illegally transported. It is under these circumstances the FIR was registered against accused No.1, who was the driver of the aforesaid lorry and the petitioner herein who is said to be the registered owner of the said lorry. The owner of the distillery company is arraigned as

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NC: 2025:KHC-D:9255 CRL.P No. 101932 of 2025

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HC-KAR

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accused No.3 in the FIR. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous No.116/2025 before the jurisdictional Sessions Court, which was rejected on 25.03.2025. Therefore, he is before this Court.

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Undisputedly, the petitioner has no criminal antecedent. The maximum punishment for the alleged offences is imprisonment for a period of one year. Petitioner has undertaken to cooperate with the Police for the purpose of investigation. He was not in the lorry when the aforesaid lorry was seized by the jurisdictional Inspector of Excise, for the reason that 40,000 liters of spirit was being illegally transported in the said lorry. Under the circumstances, I am of the opinion that the prayer made by the petitioner who has undertaken to cooperate with the Investigation Officer, needs to be answered affirmatively. Accordingly, the following:

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ORDER

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The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release

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4 - NC: 2025:KHC-D:9255 CRL.P No. 101932 of 2025

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HC-KAR

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the petitioner in the event of his arrest in Crime No.14/202425 registered by Kalghatagi Range Dharwad Sub Division for the offences punishable under Sections 11, 12, 14, 15, 32(1), 34, 38A, 43 of Karnataka Excise Act, 1965, subject to the following conditions:

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i. The petitioner shall appear before the Investigating Officer between 10:00 a.m. and 11:00 a.m. on 11.08.2025 and on the said day, the Investigating Officer is at liberty to take the petitioner to custodial for the purpose of interrogation. However, it is made clear that on the same day on or before 06:00 p.m., the petitioner shall be released by the Investigating Officer subject to he executing a personal bond for a sum of Rs.1,00,000/- with two sureties (one shall be local surety) for the like sum to the satisfaction of the investigating officer.

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ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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