IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 03RD DAY OF JUNE 2011 BEFORE THE HONBLE MR.JUSTICE A.S.PACHHAPURE CRIMINAL PETITION No.2738/2011 BETWEEN: 1. Sidrai, S/o. Durgappa Gudyagol, Age: 26 years, 0cc: Agriculttire, R/o. Karavinkumpi, Taluk and District Belgaum. 2. Ningappa, Sfo. Kareppa Pujari, Age: 30 years, 0cc: Agriculture, Rio. Karavinkumpi, Taluk and District Belgaum. 3. Kareppa, S/ Lagmappa Pujari, Age: 28 years, 0cc: Agriculture, R/o. Karavinkumpi, Taluk and District Belgaum. 4. Basappa, S/o. Balappa Pujari, Age: 32 years, 0cc: Agriculture, Rf 0. Karavinkumpi, Taluk and District Belgaum. . . .Petitioners (By Shri Hemanth R. Chandanagoudar, Advocate) AND: The State of Karnataka, By Marihal Police Station, Taluk and District Belgaum, 2 Represented by State Public Prosecutor, High Court of Karnataka Bangalore. . . .Respondent (By Shri Anand K. Navalgimath, H.C.G.P.) This criminal petition is filed under Section 438(1) of the Code of Criminal Procedure by the Advocate for the petitioner praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in the event of his arrest, in Crime No.22/2011 of Marihal P.S., Belgaum District, which is registered for the offence punishable under Sections 143, 147, 148, 353, 332, 307 read with Section 149 of the Indian Penal Code and Sections 32 and 34 of the Karnataka Excise Act. This criminal petition coming on for orders, this day, the Court made the following: ORDER The facts reveal that on 17.02.2011, the Hon’ble Minister for Excise and the Police had information about manufacturing illicit liquor in the hill area near Karamvi village. Accordingly they went there along with the Police and the staff. At about 11:00 a.m., when they went to destroy the materials used for manufacturing illicit liquor, the petitioner and others said to have threatened the Police Officers and having been armed with iron rods, clubs and stones, started pelting stones at the Police. In the incident many of the Police Officers 3 sustained injuries. The Police for self-protection opened fire. Thereafter, the accused ran away from the place. The injured persons were taken to the hospital. In the circumstances, the P.S.I., Marihal submitted a complaint against the petitioner and other accused for the offences punishable under Sections 143, 147, 148, 353, 332 and 307 read with Section 149 of the Indian Penal Code and Sections 32 and 34 of the Karnataka Excise Act. 2. The learned High Court Government Pleader has made available the injury certificates of the Police Officers. Though the learned counsel for the petitioner submits about the innocence of the petitioner, the fact that the Police Officers were stopped from destroying materials used for manufacturing illicit liquor, interference their duty. Particularly pelting stones against the Police Officers, is a matter of serious concern and as the accused were involved in a social crime, I do not think that the discretionary power vested with the Court under Section 438 of the Code of the 4 Criminal Procedure can be used to grant the anticipatory bail to the petitioners. 3. In that view of the matter, I am of the opinion that it is not a fit case, wherein the anticipatory bail could be granted. In the result the petition is dismissed. Sd! JUDGE Rsh