High Court Karnataka High Court

Jeevappa vs State Of Karnataka on 2 February, 2010

Karnataka High Court
Jeevappa vs State Of Karnataka on 2 February, 2010
Author: Arali Nagaraj
IN THE HIGH COURT OF KARNATAKA
CRICUIT BENCH AT DHARWAD
DATED THIS THLE 2nd DAY OF 17'EBRt¥AxIé§'_'1_:"":,V:VV'g'#5'3V';uC3A. N
BEFORE  M'   'A
THE I-ION'BLE MR.JUsT1rcE A;w,1   kk
CRIMINAL  
BETWEEN:       1 ' " :
1. Sri. Jeevappa S/0, 
Aged about 48 Yrs,"O.{:c;_ ;5_XLg12.i_i'a::vuitx:1re;t 
R/0. Gaddanakeri 'I'an?d_a, "Dist: 

(By;,["é{i".Ar1é:;nqV Ko_1}i;_'A(1v.')

AND

1 .  tatex '0f_Kafn'ata__1§av,

 '; _ Repfe'Sen~t'_.by SPP Circuit Bench

1  -J€_'_Sp1'~ L.P Bagalkot)

A  'nharwaat.  

(sr~§.¥é;;H;Gotkhindi, HCGP)

 Petitioner.

... Respondent.



This Criminal Petition is filed under Section 439 of
Cr_.P.C. praying to enlarge the petitioner on..__bail in
connection with Crl.No.1/2010 of P.S.Spl. Excise 85
L.P.Bagalkot Prl. Civil Judge (Sr.Dn) and CJM Baga1fkqi:.,y'

This Criminal Petition is coming on  

day, the Court made the following:

The petitioner herein,»'w.ho   
Exercise and Lottery Preventiori'-lC:§r'i1iie  10} of Bagalkot
R8, for the offences ipLi'nishab2l>evvl.ti'{se:e's.,p 32, 34, and 48 of

Karnataka Exercise   llPC has filed this

petition un_d,.ei:    petition is opposed

by the ---the arguments of both the sides.

2. The--.oAasell"ofiZthe' prosecution as alleged in the complaint

.  /51'j'2CA~l«_O fileelmloy the Police Inspector, of the said. P.S.

 il'7.i';~'.:.llv"/2010 at about 7.50 am this petitioner-

aceu.sed,__v"w,asi found carrying in a bag on his Bajaj M80

 V'pp"seeeteir'-fi~om Gaddinkeri Tanda towards Gaddinkeri village,

   packets of illicit arrack which was prepared illegally.

Ar"



3. Of the said offences alleged against this petitioner-
accused the one 11/3 328 {PC is punishable 

sentence of imprisonment of 10 years and  

offences are punishable with iesser' period of i1iftpriso'nri;ent; 

Sri. Anand Koili, the learned ciotifggéi  
accused strongly contends the 'a1s1jeged'Vto
have been carrying th"e.__SaiC.i=t'f&1:rfSif?k'p_ackets'~on§ his scooter
and the said Arrack  have been seized
from the poss.ession  he is not alleged
to have  to any person and
  of IPC are not attracted.
On 1oo1:;ing" in the said complaint this

submission of-.the' iearned counsel for the petitionenaccused

'iprirfia. fancievbiappears to be corrected.

A43.  to the facts and circumstances of the case,

I feel--- that of justice would be met with if the petitioner

'  .gg.accLised"'is granted bail subject to certain conditions.

,._r-"-.«.



Hence, the following:

ORDER

The present petition filed 1,1/gs

petitioner who is accused in Crirhe Noe. :i’SpI.i:'”‘”:_’–“2:ps:.:’ti*.<1ic_s:e "

LP. Bagalkot 19.3., is hereb'v_'a11owed.i: Thiisiviipvetitionier ishall
be eriiarged on bail on self bond for
Rs.30,000/– along withiao-ne-'the likesum to the

satisfaction of the VfFria;1"C"o'Liijt to conditions that:

a) he or indirectly tamper with the
proiseciliitiorifi-3 “evic£eI1ce shall he threaten the
proseciiticii ‘

b) he shali °co«o.’perate with the investigating

5 ‘ officer’ drqrinig the investigation.

, the operative portion of this order shail be

e and ciornpliarice.

the Trial Court concerned for information

Sd/.’:

JUDGE

” vmb