(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) In this petition filed under Section 438 of the Code of Criminal Procedure ( Cr.P.C .), the petitioner who is arraigned as accused No.1 is seeking anticipatory bail in crime No.44/2023-24 for the offence punishable under Sections 11 , 14 , 15 , 32(1) , 38A and 43A of the Karnataka Excise Act, 1965.

2. For the sake of convenience, parties are referred to by their ranks before the trial court.

3. In support of the petition, the petitioner has contended that he is innocent of the offences alleged has been falsely implicated. The offences alleged are not punishable with the death or imprisonment for life. He is the only earning member of the family. His custodial presence is not required for investigation. He is the permanent resident of the address given in the cause title -3- NC: 2024:KHC-D:12813 CRL.P No. 102620 of 2024 and ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

4. Learned HCGP submitted oral objections stating that on 13.04.2024, on account of Lok Sabha election- 2024, code of conduct was in force. Under the guidance of his senior officers and as per their directions, the Excise Sub-Inspector, Ranebennur along with his staff were on beat in Makanur village in their office vehicle bearing No.KA-27/G-397. Around 9.00 p.m., he received definite information about illegal transportation of liquor. Therefore, he summoned two persons who are standing at Makanur Cross and requested them to be witnesses. At 9.20 p.m., they were intercepting and checking vehicles.

4.1 At 9.30 p.m., accused No.1 Hanumanthappa Gurubasappa Chalageri came on a motorcycle bearing registration No.KA-27/EF-4924 carrying a bag on the petrol tank of the motorcycle. When the bag in question was checked, there were 100 Hayward Cheers Whiskey measuring 90 ML each. The said packs were not having -4- NC: 2024:KHC-D:12813 CRL.P No. 102620 of 2024 security tag. Accused No.1 was transporting the said liquor without license or permit, in violation of Sections 11 , 14 , 15 , 32(1) , 38A and 43A of the Karnataka Excise Act, 1965. Samples were taken for chemical examination and rest of the liquor and the vehicle used for transporting the liquor are seized through mahazar.

4.2 After issuing notice under Section 41A(1) of Cr.P.C., accused No.1 was directed to appear before the Investigating Officer for enquiry. The owner of the motorcycle, who would be arraigned as accused No 2 is yet to be arrested. Based on the report, the case is registered. Accused No.2 is yet to be arrested and sought for dismissal of the petition.

5. Heard arguments and perused the record.

6. The petitioner who is arraigned as accused No.1 is seeking anticipatory bail contending that he is innocent, law abiding citizen and has not committed the alleged offence. Having regard to the fact that the case is -5- NC: 2024:KHC-D:12813 CRL.P No. 102620 of 2024 registered against him, there is likelihood of being arrested.

7. From the material placed on record, it is evident that, from the possession of accused No.1, the liquor in question was recovered, which was being transported without any license or permit. The vehicle which was used for transporting the liquor is also seized. It appears, since the recovery is made, the custodial presence of accused No.1 was not required and therefore, he was not arrested. He was allowed to go after issuing notice under section 41A(1) of Cr.P.C. to appear before the Investigating Officer. In other words, the custodial presence of accused No.1 is not required for investigation. Of course, the Investigating Officer can always collect information regarding registered ownership of the vehicle in question. In the above circumstances, this court is of the considered opinion that the petitioner/accused No.1 is entitled for anticipatory bail. The apprehension of the prosecution that he may threaten or temper with the witnesses may be -6- NC: 2024:KHC-D:12813 CRL.P No. 102620 of 2024 overcome by imposing conditions and accordingly the following;

ORDER Petition filed by the petitioner/accused No.1 under Section 438 of Cr.P.C. is allowed.

Petitioner/accused No.1 shall be released on bail, in the event of his arrest in Crime No.44/2023-24 by the Excise Department, Ranebennur Sub-Division, registered for the offences punishable under Sections 11 , 14 , 15 , 32(1) , 38A and 43A of the Karnataka Excise Act, 1965, subject to following:

(J.M.KHAZI) JUDGE MBS, CT: UMD List No.: 1 Sl No.: 12