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NC: 2025:KHC:6517
CRL.P No. 1536 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1536 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
SRI. PRASHANTH SUVARNA
AGED 55 YEARS,
S/O LATE S.KESHAVA SUVARNA R/AT 3-1-45A, MALPE ROAD,
NEAR HOTEL KARAVALI,
ADI UDUPI, AMBALAPADI VILLAGE,
UDUPI TALUK AND DISTRICT-576 103. …PETITIONER
(BY SMT. URMILA PULLAT, ADVOCATE)
AND:
THE STATE OF KARNATAKA
SPECIAL EXCISE SQUAD,
KALKALA RANGE, UDUPI DISTRICT
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001. …RESPONDENT
(BY SRI. RANGASWAMY R., ADVOCATE)
THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482
BNSS) PRAYING TO DIRECT THE PETITIONER BE RELEASED ON
BAIL IN THE EVENT OF ARREST IN EXCISE CRIME NO.33/2024-
25 OF SPECIAL EXCISE SQUAD, UDUPI KARKALA RANGE IN
THE II ADDL. DISTRICT AND SESSIONS JUDGE, UDUPI
(ITINERARY SITTING AT KARKALA) FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 14, 32(1), 38A OF THE
KARNATAKA EXCISE ACT, 1965.
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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard both sides and perused the material on record.
2. Apprehending arrest in a case registered in FIR No.33/2024-25/31SIE/310206 by the Excise Police, Udupi District, petitioner has preferred this petition seeking anticipatory bail.
3. The learned Sessions Judge has dismissed the prayer for anticipatory bail in Crl. Misc.No.398/2024 dated 30.12.2024, observing that the petitioner is a habitual offender and there are number of Excise cases registered against him and he is already convicted in one case. Therefore, if he is enlarged on bail, there are chances of committing similar offence and also chances of fleeing away from justice.
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4. It is the case of prosecution that the accused had illegally stored 65 litres of Goa liquor in a cow shed situated adjacent to his house at Marimaruguttau, Bola, Karkala Taluk without any license or permit. FIR is registered for the offence punishable under Section 14, 32(1), 38(A) of Karnataka Excise Act, 1965.
5. Complainant is the sub-inspector of Excise. It is averred in the complaint that on 14.11.2024, as per the direction of Deputy Commissioner of Excise, Udupi he along with his staff raided the house belonging to the petitioner, wherein, they found 65 litres of Goa liquor illegally stored in a cow shed. As per complaint a person who was present in the house ran away after seeing the officials.
6. Petitioner has not been named as an accused in the FIR. It is not alleged that it was the petitioner who was present in the house and ran away, on seeing the Excise officials. There are no sufficient material placed at this stage to show that the house/cow shed from where
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the liquor was seized belong to the petitioner or that it was the petitioner who stored liquor illegally. Pendency or registration of criminal cases against the petitioner itself is not a ground to deny the relief sought in this petition. Petitioner has undertaken to cooperate with the investigation of the case. Hence, by imposing suitable conditions, the relief sought in the petition can be granted.
ORDER
Petition is allowed.
Petitioner/accused in FIR No.33/2024- 25/31SIE/310206 of Udupi sub Division, Udupi District, is ordered to be released in the event of his arrest, subject to following conditions:
a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum and shall cooperate with the investigation.
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b) He shall furnish proof of his residential address and shall inform the I.O., if there is change in the address.
c) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly.
d) He shall not indulge himself in committing any offence.
e) He shall be regular in attending the Court proceedings.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB
List No.: 1 Sl No.: 45 Ct:ar
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