IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 12111 DAY OF JANUARY 2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITiON No.12089/2010 BETWEEN: Beerann, S/o. Rarna Nayak, Age: 53 years, 0cc: Agriculture, Rio. Shetagiri, Tal: Ankola, Dist: Uttar Kannada. . . .PETITIONER (By Shri. M.B.Gundawade, Advocate) AND: The State of Karnataka, Represented by State Public Prosecutor. High Court of Karnataka, Circuit Bench, Dharwad. Through Abakari and Lottery Nishoda Dala Police Sirsi. . . . RESPONDENT (By Shri. Vina\ak S. Kulkarni. GP) This Criminal Petition is filed under Section 438 of Code of Criminal Procedure seeking to release the petitioner on bail in case of his arrest in Excise and Lotter’ Prohibition Police Station, Sirsi Crime No.46/2010 registered for the offences under Section 32, 34, 38(a) of KE Act. This petition coming on for orders this day, the Court made the following: ORDER Heard the learned counsel for the petitioner. 2. It is stated that the petitioner is a permanent resident of Shetagiri village, Ankola Taluk and he is having movable and immovable properties. He is an agriculturist by profession and also owns a motor cycle bearing No.KA-30/K- 6356. 3. It is his case that when he had parked his motor cycle in front of the Railway Station at Ankola to attend personal work, Abakari and Lottery Nisheda Data, Police of Sirsi has seized the motor cycle, On verification it was learnt that the seizure was on account of an allegation that there was a gunny bag containing 500 Honey guide whisky sachets, each of 90 ml., and it was on that basis that the Police was seeking to arrest the petitioner as he was the owner of the motor cycle. The 3 petitioner claims that he is totally unaware of the gunny bag being on his motor cycle and it is out of the apprehension that he might be arrested by the concerned Police, that the petitioner is before this Court. Since, the application before the Court below has been rejected on the ground, since the offence involved would have resulted in the health of the public being affected by consuming the liquor which are transported on the motor cycle. 4. Given the above facts and circumstances. it is appropriate that ifthe petitioner were to be arrested, he shall be enlarged on bail subject to following conditions: I) He shall furnish a self bond for a sum of ?15,000/- with a solvent surety for a like sum to the satisfaction ofthe trial Court. 2) He shall make himself available to the Investigation Officer as and when required for the purpose ofin estigation. 3) He shall not leave the jurisdiction of the competent Court without seeking leave of that Court. 4 4) He shall not tamper with the prosecution witnesses or seek to influence or threaten the prosecution \itnesses. 5) He shall approach the trial Court for regular bail within a period of two weeks. Sd! Rsh jUDGE