IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY DATED THIS THE 3 DAY OF NOVEMBER 2010 Cr1. P. No. 8369/2010 Between: Ramanna sb Tirnanna Eligeri, Age: 48 years, 0cc: Agriculture, Rio Mudenoor, Tq. Kushtagi, Dist. Koppal. - Petitioner (by Sri S.S. Yadrami, Advocate) and The State of Karnataka by Special Police Excise and Prohibition of Lottery Division, Koppal Rep. by State Public Prosecutor, High Court of Karnataka, Circuit Bench at Dharwad. - Respondent (by Sri K.B. Adhyapak, H.C.G.P.) This Criminal Petition is filed u/S 438 of Cr.P.C. praying to release the petitioner on bail in Crime No. 35/20 10 of Special Police, Excise and Prohibition of Lottery Division, Koppal for the offence punishable under Section 188 of IPC and Sec. 15(A), 32, 34 and 3 8(A) of Karnataka Excise Act. This petition coming on for orders this day, the Court passed the following order. Order 1. Special Police, Excise and Prohibition of Lottery Division, Koppal has registered Crime No. 35/2010 against the petitioner for the offence punishable under Section 188 of IPC and Sec. 15(A), 32, 34 and 3 8(A) of Karnataka Excise Act. 2. Brief facts of the case are that on 15.09.2010 at about 08.00 p.m. the complainant has filed a complaint against the petitioner herein alleging that in view of Ganesh Festival, the Deputy Commissioner, Koppal had passed a prohibitory order prohibiting the sale of liquor. But on 15.09.2010 the petitioner in violation of the above order was found selling whisky and beer worth Rs.20,169/-. 3. The petitioner in the petition has contended that the complaint is false, he is innocent and he has not committed any offences as alleged in the complaint. The offences are not punishable with life imprisonment but the same is punishable with one month to three years and fine. Accordingly prayed to grant bail. 3 4. On the other hand the counsel appearing for the State has orally opposed the bail application and contended that the petitioner herein is caught red handed and there is prima facie case made out against the petitioner herein. Accordingly the counsel for the respondent has prayed to reject the bail petition. 5. I have heard both the sides and gone through the materials on record. In the facts and circumstances of the case I feel it is a fit case to grant anticipatory bail. Accordingly I proceed to pass the following order. Order Criminal Petition filed under Section 438 of Cr.P.C. on behalf of the petitioner is allowed with the following conditions. 1. The petitioner is directed to surrender before the police. In the event of arrest, the petitioner shall be enlarged on bail on his furnishing a self bond for Rs.1O,000/- along with one surety for the likesum to the satisfaction of the Police Officer. 4 2. He shall not, directly or indirectly, threaten the prosecution witnesses nor he shall tamper with the prosecution evidence. 3. He shall co-operate with the Investigating Officer during the investigation of the case. 4. He shall not leave the jurisdiction of trial Court, without prior permission of the Investigating Officer/Court concerned. 5. He shall move for regular bail before the jurisdictional Court within 15 days from the date of their arrest. Violation of any one of the above conditions will result in cancellation of the bail. Ordered accordingly. Sd! bvv JUDGE