IN THE HIGH COURT OF KARNATAKA CIRCUiT BENCH AT DHARWAD DATED THIS THE 31 DAY OF FEBRUARY 2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMiNAL PETITON No.10095/2011 BETWEEN: Shankar, S/o. Shivappa Lamani, Age: 29 years, 0cc: Coolie, Rio. Bendalgatt Tanda, Tq. Kalaghatagi, Dist. Dharwad. . . .Petitioner (By Shri. R. H.Angadi, Advocate) AND: The State of Karnataka, (Spi. Police Excise and Lottery Squad Dharwad) Represented by S.P.P. Dharwad. . . . Respondent (By Shri. Anand Kumar Navalgimath, Government Pleader) This Criminal Petition is flied under Section 439 of the Code of Criminal Procedure, seeking that the petitioner be enlarged on bail in Spl. Police Excise and Lottery Squad Dharwad, in Crime No.81/2010 for the alleged offences punishable under Section 273 and 328 of the Indian Penal Code and Section 32 and 34 of Karnataka Excise Act. This petition coming on for orders this day. the Court made the following: ORDER Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The brief facts of the case are as follows: It is alleged that on 23.12.2010, on the basis of credible information, the complainant namely, the Police Sub-Inspector of Excise and Lottery Squad, Dharwad, had visited the spot, where they found the accused preparing liquor, which was meant to be sold to the general public at Bandalgatta Tanda in Kalaghatagi Taluk. The complainant along with his staff and other panch witnesses arrived at the spot and on seeing the complainant and others a person started running away. He was chased and caught hold of. On enquiry it was disclosed that it was the petitioner herein. The staff seized 7 cans each containing 5 litres of illicit arrack, 10 mud pets containing raw liquor of 200 litres and three plastic barrels and one motor cycle, apparently used for the purpose of transporting the illicit $ 3 liquor. Therefore, a case was registered in Crime No.81/2010 for the offences punishable under Sections 273 and 328 and Sections 32 and 34 ofKarnataka Excise Act. 3. The petitioner having approached the Court below seeking bail, the same was rejected on the ground that the petitioner was caught red handed while preparing illicit liquor and since the investigation was pending, the lower Court has rejected the bail application, as there was prima facie evidence against the petitioner in having committed the offence. 4. It is now stated by the counsel for the petitioner that the investigation has been completed. The involvement and the commission of the offences remain to be established at the trial. The petitioner is entitled to be enlarged on bail. 5. Having regard to the further circumstance, that the maximum punishment that is attracted, even if the petitioner is found guilty, is rigorous imprisonment for five years, apart from fine of Z50,000/-, therefore, he would submit that the 4 petitioner may be considered for enlargement on bail while on such terms and conditions that this Court may deem fit. 6. Having regard to the above facts and circumstances, the circumstance that the witnesses statements have been recorded are all official witnesses and in the face of prima facie material to indicate that the petitioner was actively engaged in preparing illicit liquor, would certainly disentitle the petitioner for bail, when further investigation, was under progress which was not complete. The changed circumstance, that the investigation has now been completed, the petitioner may be enlarged on bail pending trial on the following terms and conditions. Accordingly, the petition is allowed, the petitioner shall be enlarged on bail subject to the following conditions: I) He shall furnish a personal bond for a sum of ?20,000/- with a solvent surety for a like the satisfacdono 2) He shall report at the Jurisdictional Police on every Monday and Friday between 02:00 and 05:00 p.m. V 5 3) He shall not leave the jurisdiction ofthe trial Court without seeking leave ofthat Court 4) He shall not seek to induce or threaten the prosecution witnesses. 5) He shall attend the trial Court on all dates of hearing without fail subject to the Court granting exemption for good and valid reason. : Sd,’. Rsh JUDGE