Case Note & Summary
The petitioner, Nagaraja, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in the event of his arrest in Crime No.05/2019-2020 registered by the Excise Police, Bagepalli, Chikkaballapura District, for offences punishable under Sections 11, 13, 14, 32(1), and 38 of the Karnataka Excise Act, 1965. The complaint was lodged on 12-05-2020 by the Excise Sub-Inspector, Bagepalli Range. Previously, the petitioner had filed an application under Section 438 Cr.P.C. before the Principal District and Sessions Judge, Chikkaballapura, in C.Crl. Misc. No.82/2020, which was dismissed on 08-06-2020. The petitioner then approached the High Court. The court heard the learned counsel for the petitioner, Sri G. Balakrishna Shastry, and the learned High Court Government Pleader (HCGP) for the respondent, Sri K. Nageshwarappa. The court noted the substance of the complaint and observed that the offences alleged are not punishable with death or imprisonment for life, and the petitioner is not required for custodial interrogation. The court also noted that the petitioner has no criminal antecedents. Considering these factors, the court allowed the petition and granted anticipatory bail to the petitioner, subject to conditions including executing a personal bond of Rs.1,00,000 with one surety, appearing before the Investigating Officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Offences under Karnataka Excise Act, 1965 - Petitioner sought anticipatory bail in Crime No.05/2019-2020 for offences under Sections 11, 13, 14, 32(1), 38 of the Karnataka Excise Act, 1965 - The court considered that the offences are not punishable with death or life imprisonment and the petitioner is not required for custodial interrogation - Held that the petitioner is entitled to anticipatory bail subject to conditions (Paras 1-8).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 of Cr.P.C. for offences under the Karnataka Excise Act, 1965.
Final Decision
Petition allowed. Petitioner is ordered to be released on bail in the event of his arrest in Crime No.05/2019-2020 on the file of Excise Sub-Inspector, Bagepalli Range, Chikkaballapura District, subject to executing a personal bond of Rs.1,00,000 with one surety for the likesum, and on conditions that he shall appear before the Investigating Officer as and when required, shall not tamper with evidence, and shall not leave the jurisdiction without prior permission of the court.
Law Points
- Anticipatory bail
- custodial interrogation
- non-cognizable offences
- Section 438 Cr.P.C.
- Karnataka Excise Act
