- 1 - NC: 2025:KHC:5277 CRL.P No. 1458 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1458 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SMT. REKHA, W/O NINGAMADASHETTY, (THE GENDER OF THE PETITIONER IS MENTIONED WRONGLY IN BAIL ORDER) AGED ABOUT 34 YEARS, R/AT BETTADA HALASURU VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 119. …PETITIONER (BY SRI. SHIVASWAMY, ADVOCATE) AND: THE STATE OF KARNATAKA BY KODIHALLI POLICE STATION, KODIHALLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONER BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL WHO IS SOLE ACCUSED IN CR.NO.78/2022 REGISTERED BY THE KODIHALLI POLICE, FOR THE ALLEGED OFFENCES UNDER SECTION 32, 34 OF THE KARNATAKA EXCISE ACT, WHICH IS PENDING ON THE FILE OF THE 1ST ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, AT KANAKAPURA, IN C.C.NO.1877/2022 FOR THE ALLEGED OFFENCES UNDER SECTION 32, 34 OF THE KARNATAKA EXCISE ACT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5277 CRL.P No. 1458 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. Petitioner is arraigned as an accused in Cr.No.78/2022 of Kodihalli Police Station, Ramanagara, registered for the offence punishable under Section 32 and 34 of the Karnataka Excise Act, 1965. 3. It is the case of prosecution that petitioner was selling liquour illegally in her shop premises at Bettahalasuru village, Kodihalli Hobli, Kanakapura Taluk. 4. As per complaint lodged by the PSI of Kodihalli Police Station, he received a credible information on 17.4.2022 at about 4.45 p.m., based on which he went to the spot along with the staff and panchas at about 5.20 p.m. and seized 3.3 liters of Haywards Cheers Whisky sachets from the shop of petitioner, under a mahazar. - 3 - NC: 2025:KHC:5277 CRL.P No. 1458 of 2025 5. It is alleged that the petitioner had kept the whisky sachets in her shop to sell it to public and on seeing the excise officials, she ran away. According to the complainant, on an enquiry with the villagers, they came to know that the petitioner had kept the whisky sachets in her shop to sell it. 6. Name of the villagers who were enquired by the complainant are not forthcoming in the complaint. During search of the shop, 3.3 litres Haywards Cheers Whisky, in 33 sachets each containing 90 ml, valued at Rs.1,295/- are said to be seized. Prosecution has to establish that it was the petitioner who had kept the said Whisky sachets in the shop for the purpose of selling it to the customers. Petitioner has undertaken to co-operate with the investigation of the case. Hence, by imposing conditions, the relief sought by the petitioner can be granted. Hence, the following: ORDER 1. Petition is allowed. - 4 - NC: 2025:KHC:5277 CRL.P No. 1458 of 2025 2. Petitioner/accused in Cr.No.78/2022 registered by Kodihalli Police Station, Ramanagara, shall be released in the event of her arrest, subject to following conditions: a) She shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two sureties for the likesum. b) She shall furnish her residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) She shall co-operate with the investigation of the case. d) She shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) She shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 29 Ct:ar