-1- IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 17TFI DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRLP.NO.10336/201 1 Between: Shri Umesh S/o.Shekappa Rathod, Age 2 1 years, 0cc.: Agriculturist, R/o. Navanagar, Gajendragad, Tq.: Ron. Petitioner (By Sri.Neelendra D. Gunde, Advocate) And: State of Karnataka, By Excise Police, Represented by the State Public Prosecutor, High Court Building, Dharwad. Respondent (By Sri. Vinavak Kulkarni, HCGP) This criminal petition is filed under Section 438 of Cr.P.C. seeking to release the petitioner/accused No. 1 on bail in the event of his arrest in Crime No.3/2011 for the offences punishable under Sections 273. 284. 328, of IPC and 32, 34 of Karnataka Excise Act. pending on the file of the Chief Judicial Magistrate, Koppal. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard both sides in respect of the anticipatory bail sought by the petitioner who is said to be accused No.1. The case is registered in Crime No.3/2011 in respect of the offences punishable under Section 273, 284, 328, of IPC and 32, 34 of Karnataka Excise Act. 2. The prosecution case in short is that the complainant found on 28/01/2011 that some persons were carrying illicit arrack with them and on getting the information he along with his staff came near Gajendragad and saw the motorcycle coming and on stopping the vehicle they found that there was 60 liters of arrack being carried in the said motorcycle and it was driven by the accused petitioner herein. 3. Submission of the petitioner’s counsel is that the offence under the IPC are bailable and Section 328 of the IPC is not made out in the case and the other offences under the Excise Act are not punishable with any severe imprisonment and therefore the petitioner be released on bail and he is ready to cooperate with the police. -3- 4. Having thus heard petitioner’s counsel and also the learned high Court Government Pleader for the State and taking note of the nature of the complaint allegations this petitioner can be released on anticipatory bail by imposing conditions. Hence, I pass the following order ORDER i) In the event of arrest of petitioner in connection with Crime Nos.3/201 1, he shall be released on bail subject to furnishing personal bond for 25,OOO/- with two sureties for the likesum to the satisfaction of the arresting police officer. ii) Petitioner shall not tamper with the evidence and shall not give threat to the witnesses. iii) Petitioner shall appear before the investigating officer as and when he is called upon to do so and shall assist the investigating officer in the investigation. iv) Petitioner shall mark his attendance before the concerned Police Station, on every Sunday between 10.00 a.m and 5.00 p.m. Sd! JUDGE