Case Note & Summary
The petitioner, Sri Venkatachalaiah K V, aged about 73 years, filed a criminal petition under Section 438 Cr.P.C. seeking anticipatory bail in connection with Crime No.60/2019-20 registered by the Excise Police, C.N. Halli, Tumakuru, for offences punishable under Sections 21(1), 32, and 36 of the Karnataka Excise Act, 1965 and Rule 21(3) of the Karnataka Excise Licence (General Conditions) Rules, 1967. The prosecution case was that despite the Excise Authorities sealing the petitioner's wine shop, he permitted entry of two persons into the shop, and there was a difference in the quantity of liquor stored and declared in the account books. The petitioner's counsel argued that the petitioner was aged about 75 years and had no role in the alleged offences. The court noted that the offences alleged are punishable with a maximum imprisonment of up to five years, and the petitioner is aged about 75 years. The court held that custodial interrogation of the petitioner may not be required for investigation, and the offences are not punishable with death or imprisonment for life. Therefore, the court allowed the petition and granted anticipatory bail, directing that in the event of arrest, the petitioner shall be released on bail upon executing a personal bond for Rs.1,00,000 with one surety, and subject to conditions including 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. - Grant of Bail - Petitioner, aged 75 years, sought anticipatory bail for offences under Karnataka Excise Act, 1965 punishable with up to five years imprisonment - Court considered age, non-requirement of custodial interrogation, and that offences are not punishable with death or life imprisonment - Held that petitioner is entitled to anticipatory bail subject to conditions (Paras 2-4).
Issue of Consideration
Whether the petitioner, aged about 75 years, is entitled to anticipatory bail under Section 438 Cr.P.C. for offences under the Karnataka Excise Act, 1965, punishable with imprisonment up to five years, where the allegations involve sealing of a wine shop and discrepancy in liquor stock.
Final Decision
Petition allowed. In the event of arrest of the petitioner in Crime No.60/2019-20, he shall be released on bail on executing a personal bond for Rs.1,00,000 with one surety for the like sum, subject to conditions: (i) petitioner shall appear before the Investigating Officer as and when required; (ii) petitioner shall not tamper with evidence; (iii) petitioner shall not leave the jurisdiction of the court without prior permission.
Law Points
- Anticipatory bail
- Section 438 Cr.P.C.
- Karnataka Excise Act
- 1965
- Sections 21(1)
- 32
- 36
- Rule 21(3) of Karnataka Excise Licence (General Conditions) Rules
- 1967
- maximum punishment up to five years
- no custodial interrogation required
- petitioner aged 75 years
