- 1 - NC: 2025:KHC:5493 CRL.P No. 892 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 892 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: GANGARAJU C S/O CHOWDAIAH, AGED ABOUT 43 YEARS, RESIDING AT: CHIKKAMARATHAHALLI COLONY, NELAMANGALA TALUK, CHIKKAMARANAHALLI, MAHADEVAPURA, BANGALORE RURAL-562 123. …PETITIONER (BY SRI. BHARGAVA D BHAT, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY KARNATAKA EXCISE POLICE, REPRESENTED BY: SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO ALLOW THIS PETITION AND TO DIRECT THE RESPONDENT POLICE (DODDABALLAPURA RANGE EXCISE POLICE STATION) TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST PURSUANT TO THE F.I.R DATED 22.11.2024 IN CRIME NO.13/2024 REGISTERED BY THE KARNATAKA EXCISE POLICE, DODDABALLAPURA RANGE, BENGALURU RURAL FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 11, 13(1)(a), 14, 15, 32, 38(A), 40, 43 OF KARNATAKA EXCISE ACT, 1955 BY IV ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5493 CRL.P No. 892 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, the learned High Court Government Pleader for the State and perused the material on record. 2. FIR No.13/2024-25/0505lE/050505 dated 22.11.2024 is registered against the petitioner by the Karnataka Excise Police, Doddaballapura Range, Bangalore Rural, under Section 11, 13(1)(a), 14, 15, 32, 38(A), 40 and 43 of the Karnataka Excise Act, 1965. 3. It is alleged in the complaint lodged by the Excise Inspector, that on 22.11.2024, while he along with his staff were on patrolling duty, they received a anonymous tip that a Maruti Suzuki Celerio vehicle bearing No.KA-52-N-0057 was transporting toddy illegally and it would pass by the Bharat Petrol Station in Gunjur. Acting - 3 - NC: 2025:KHC:5493 CRL.P No. 892 of 2025 on the tip, he went to the spot and intercepted the said vehicle. On search it was found that there were 31 liters of toddy which was being illegally transported by the petitioner. 4. It is alleged that the petitioner was in illegal possession of toddy without having any licence or permit and he was transporting the same in the vehicle. 5. The material on record goes to show that Notice under Section 35(3) of BNSS, 2023 is issued to the petitioner to appear before the I.O. for enquiry. Petitioner is apprehending his arrest. 6. It is contended by the learned counsel that the petitioner is innocent and he has not committed any offence as alleged. 7. The materials have been seized. The offence allegedly committed by the petitioner is not punishable with death or imprisonment for life. Custodial interrogation may not be required. Petitioner has undertaken to - 4 - NC: 2025:KHC:5493 CRL.P No. 892 of 2025 co-operate with the investigation. Hence, by imposing necessary conditions, the relief sought in the petition can be granted. Accordingly, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused in FIR No.13/2024- 25/0505lE/050505 registered by the Karnataka Excise Police, Doddaballapura Range, Bangalore Rural, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within a period of 10 days from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with a surety for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. - 5 - NC: 2025:KHC:5493 CRL.P No. 892 of 2025 c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 37 Ct:ar