(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.2 in Crime No.14/2024-25 registered by Inspector of Excise Department, Kalghatagi Range, Dharwad Sub Division, for offences punishable under Sections 11 , 12 , 14 , 15 , 32(1) , 34 , 38A , 43 of Karnataka Excise Act, 1965, is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. It is the case of the prosecution that on 20.02.2025 at about 06:00 a.m., the lorry bearing registration No.GJ-39/T-2941 was intercepted by the Sub- Inspector of Excise Department, Dharwad Sub-Division and it was found that the said lorry which was driven by accused No.1 contained about 40,000 liters of spirit and the same was being illegally transported. It is under these circumstances the FIR was registered against accused No.1, who was the driver of the aforesaid lorry and the petitioner herein who is said to be the registered owner of the said lorry. The owner of the distillery company is arraigned as -3- NC: 2025:KHC-D:9255 CRL.P No. 101932 of 2025 HC-KAR accused No.3 in the FIR. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous No.116/2025 before the jurisdictional Sessions Court, which was rejected on 25.03.2025. Therefore, he is before this Court.

4. Undisputedly, the petitioner has no criminal antecedent. The maximum punishment for the alleged offences is imprisonment for a period of one year. Petitioner has undertaken to cooperate with the Police for the purpose of investigation. He was not in the lorry when the aforesaid lorry was seized by the jurisdictional Inspector of Excise, for the reason that 40,000 liters of spirit was being illegally transported in the said lorry. Under the circumstances, I am of the opinion that the prayer made by the petitioner who has undertaken to cooperate with the Investigation Officer, needs to be answered affirmatively. Accordingly, the following: