IN THE HIGH COURT op' KARNATAKA
CIRCUIT BENCH AT DHARWAD_...._i44'
DATED THIS THE 22% DAY OF FEBRU'A:§Y,jVi2oi1o * _
BEFo1j-zE""'-« _ V
THE HONBLE MR.JUsT1ci%;A::sif'i5Ac1+:--HAPuR¢"'--.Ti:' "
Crl.P. i
Between:
Gurunath, ' '
S/oYa11appa Singanahafii, L
Aged 30 years;gO_cc: Pi*iVate. i
R/0 Mang3>i1E§T;'3oColGny.€
Mantur __ T .
Dist: . Petitioner
(By
Andi}, " V' V' i
The State of 'I{ari1atai<é1*;
Rep"£d_.. By its SPF,
E'-ligh: Court Building;
, ., , V Dhafzmdi}
' '('Excis4e'P_;SiDharwad) Respondent
. '-- {By s"ri.iP';oj--3HAiT:= oozkhindi, HCGP)
.'v.V'_'iii*his Cr1.P is filed under section 438 of Cr.P.C.
A' praying to enlarge the petitioner on bail in Sessions Case
" = N958/2OO9~1O Excise P.S. Dharwad, and etc.
This Cr1.P coming on for orders this day, the Court
made the following-
Ix.)
ORDER
The petition is med seeking antic.ip’ato_r”f? peg:
apprehending arrest for the offenpggjg-.eV.
under sections 11. 13,
Karnataka Excise Act,
2. The faC,’1?$ reIev–an’ft–.fo»rA.the’purpose of this
Petition are as ht V’ d.
The _ e3§ei.se V” credible information
regardingj”‘tI1Vé%a;£__po-sses~si_o:fja er the illicit liquor in Plot
Colony and after visiting the
plaee from the place and
they chased ‘iévere not able to apprehend him.
._”f31ae;;odV:u*ent to”‘nis”house and seized 35 Ltrs of illicit
V each plastic cans totally measuring about
In the circumstances, they seized the
samvefiunder a mahazar and registered a complaint
, the petitioner for the aforesaid offences.
v<e
3. The petitioner submits that he is innocent
person and he has not committed any offencegarxd as
he is arrayed as an accused in earlier cas’e;”‘he._ihas
been falsely involved in this case as We1i’;A«i:_:i’Soea:lVsoi
the submission that the petitioner is i
arrest in respect of non~baiIabie offienceiiagndvthatéiheiiisu
ready and Wiiling to abiderby the ifihe
reieased on bai1..”‘i={e a_l’so”un;de”rt_akesito attend and
the court as and when upon. On these
grounds heis;ee’ks :1°._or 2
:2; i Government Advocate fiied his
statement” of ‘v.ob_i.ecti’ons and submits that there is
..faciei'”rn–aterial against the petitioner for the
V registered and that the petitioner has been
i’ such crime eariier and a crime in
C.Ch.’_1\1Iov.2868/ 2009 is pending in the court. In the
V’ r circumstances, it is his submission that the petitioner
has not made out any such ground to grant baii. K
5. I have heard the learned Counsel jfo-r the
petitioner and the learned I-ICGP.
6. The point that ari_ses,_for
is “whether the petitioner is”‘1.en:titi*ed
bail sought for?”
7. As be i i _ the V stigation
report, it is Apstatedpwltlhaltp escaped from
the place” of his house
plastic i§;i§put’i:j14o liters of illicit liquor
vverg “seized. So taking into
140 liters of liquor was
seiized from house of the petitioner and that he
i iiinvolived earlier in such crime reveals prima facie
._ his ir’u_}’o.l._Verr:ent in the crime.
“_ So far as grant of anticipatory bail is
x _coi1cerned, the principles are altogether different from
grounds to be considered for the grant of bail under
K