IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD _ _
DATED THIS THE 10TH DAY 09* AUGUS'1_'_--,-- ['y:*i: {T "'
BEFORE m__ _ i'y'i_
TI-IE HONBLE MR.JUsTiCE:_ Jgm.izi;1:i if' fr 'A
CRIMINAL PETITIQQE N0.*io9*:' /2009' :3
BETWEEN:
Sri.Basu Kallappa Cranjaie; ii i _
Age: 30 years, OCC:VAgricu_1t1,1're,V V
R/0 Khanadal, Tq;:Raibag, " - '
Dist: Belgaum. " " PETITiONER
(By Sri.Bahu viflidyitgeate)
AND:
The State' of 'I~CarnafiféIr§a»i V it
Rep. by SPP, * --
High Court of"'Karnat'aka,
Circuit; Bench, '
i""13'haz:i??}:a:;o\,o._ %%%%% ...RESPONDENT
'.7{ByVS'ri.P;H:."G'o.ti{i1indi, HCGP)
petition is filed 1.1/8 438 Cr.P.C. praying to
;-- V _direct"*the_' investigating officer to release him on bail in the
'event of his arrest in Chikodi PS Cr.No.398/2008 registered
_ 4 'against this petitioner and others for the offence punishable
" "u"/134, 38(a) of Excise Act and 328, 272 ofIPC.
fir"
This petition coming on for orders this day, theggcourt
made the following: 7
ORDER
The petitioner is one of the 5 persons facing
offences punishable under section_sm.32, ‘3l8:v~Ai”ti:e if
Karnataka Excise Act and sections IPC
No.398/2008.
2. On the of information on
19.11.2008, S.D.Biradar (Palm, é:xei’sevl”Enforcement and
Lottry Prohibition_Squad;’llBelga’urig;D’a.longfliii’ith his team of
officials, Cl’1€Cl{C(El” Railway Station
at 7.00 p autorickshaw parked
along side the persons were around the
autorickshaiwq . approached the
autoricksliagw they r_a’nlaWlay while one of them was caught. He
revealed {his ‘name as liiamchandra Siddappa Kajidodi–driver of
a1t;toricl'<s_haiVc- admitted he was transporting liquor at
the instance iflnnappa Pavade Mantur of Savasuddi Village,
..l_igi'_j:,.<Bassu Gaiijai of Villager Mirapurhatti (petitioner herein) and
«others,» The complainant and his staff checked the
.__aLitori¥ckshaw and found four plastic cans containing 35 liters
–
of spirit worth Rs.15000/–; Khaki colored 16 cardboard __ boxes
containing Windsor Whisky quarter bottles of 48 in.«
12 duplicate liquor bottles of windsor brand in ilpiasag,
350 empty bottles, without lable in a plastic balg;
aluminum caps with imprint as Winds’or..~iwoi*th’~
contain labels having name of \Vin§:ls0rVlW’.hlisky.
3. Drawing a rnalf1azari”aile.fiartiicleis’ were seized
and it is stated that before_.’tl’ie3r Ramachandra
Siddappa Kajidodiiirnakeij’Agootiigaliis”e’sc_ape:flllifherefore at this
juncture, the. “petitioner is the so.
called state_rnpei:.tf”‘gi:r:en_ Sicldappa Kajidodi,
who alsodat no time. was ari’e_sted by the police.
4, $riaP.’PI..G§atkl1ind’i, learned HCGP would submit
~”=th_at RiamacliandrallllSid-dappa Kajidodi is shown as accused
l.’no.i.iwh,o was arrested by the police.
. ew-
Tlsiesie are the allegations on which the petitioner is
” shown as voflfender. Considering the nature of allegations and
‘ ‘eeariiciesfwhieh are seized and charges leveled against him, 1 am
Wk
satisfied that the petitioner has made out a case to exercise
jurisdiction 11/5 438 Cr.P.C. Hence, the following ordeI’:..
Accordingly, petition is admitted to bail subjectito
conditions:
i. The petitioner is directed i’.__to ljefoiies—._.”th.e
Investigation Officer in–cl:1arge of-Ainvestigationi
No.398/ 2008 within two from’n.oW andliion hisil
appearance the Investigatio_n”OVfi’icer may arrest him but
he shall be released’-if he e>§eoutes”«.bond in a sum of
Rs.25,000/- with one .fs’ut~e–tj sto_..the.’.j’satistaetion of the
said Officer. V ” ”
ii. The petition__eii..V-s-hall.:_’no’t_leave the jurisdiction of the
complain.ant.wpolic€: itilliinlvesitigation is complete.
iii. The¥,pe’titioner tamper the prosecution material
or prevail upon Witnesses by any means.
The “petitior”1’er__H$h;all mark attendance before the
Officer inwcharge of the investigation, once
_i_t1′ 9 a.m. and ‘7 p.m. till filing of the
” . charge
After arresting and release of petitioner in the manner
it if ‘aforesaid, Within three weeks he shall apply to the
fii’j’urisdictional Magistrate seeking grant of regular bail,
which petition shall be considered on its merits
at
vi.
Sub*
considering all the material that may be made ayailable
by the Investigation Officer.
Failing to comply with any of these
in revocation of this order and the benefit.§§:fVbai–1:’granted«,
shall be lapsed.