- 1 - NC: 2025:KHC:10055 CRL.P No. 2851 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2851 OF 2025 BETWEEN: SMT. PARVATHAMMA W/O KRISHNAPPA AGED ABOUT 59 YEARS R/AT NEAR SRINIVASA TEMPLE BHOVI COLONY, MANDYA - 571 401. …PETITIONER (BY SRI SUDHA D, ADV.) AND: STATE BY KARNATAKA REPRESENTED BY EXCISE POLICE MANDYA - 571 401 REP BY STATE PUBLIC PROSECUTOR HIGH COURT KARNATAKA, BENGALURU - 560 001.. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP FOR SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THE PETITION, GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT TO RELEASE HER ON BAIL IN THE EVENT OF HER ARREST IN CRIME NO.49/2024-25, MANDYA RANGE, REGISTERED BY HER AND REPORTED TO THE COURT OF THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MANDYA. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10055 CRL.P No. 2851 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner, who apprehends arrest in Crime No.49/2024-25 registered by Karnataka Excise Department, Mandya, for the offences punishable under Sections 11, 13(1)(f), 14, 15, 32(1), 37, 38(A) and 43 of the Karnataka Excise Act, 1965, is before this Court under Section 482 of BNS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. Based on credible information, on 15.12.2024, raid was conducted to room No.107 and room No.110 of Kamadenu Comforts Boarding and Lodging and 7.080 litres of liquor was seized. On the basis of statement made by the arrested accused, FIR was initially registered against ten persons. Petitioner's name is not found in the FIR. Thereafter, based on the statement of arrested accused, petitioner is arraigned as accused in the present case. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.854/2024 before the - 3 - NC: 2025:KHC:10055 CRL.P No. 2851 of 2025 jurisdictional Sessions Court which was rejected on 17.01.2025. Therefore, she is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a lady aged about 59 years having no criminal antecedents. She is arraigned as accused solely based on the statement made by Chikkamadegowda, who is the owner of the premises where raid was conducted and liquor was seized. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. A perusal of the material on record would go to show that based on credible information on 15.12.2024, raid was conducted to room No.107 and room No.110 of Kamadenu Comforts Boarding and Lodging and 7.080 litres of liquor was seized. Based on the statement made by the arrested accused, FIR was initially registered against ten persons. Petitioner's name is not found in the FIR. The premises in question stood in the name of one Chikkamadegowda S/o Madegowda and it appears that during the course of his interrogation, he had revealed that he had leased the premises in question to - 4 - NC: 2025:KHC:10055 CRL.P No. 2851 of 2025 petitioner and based on his statement, petitioner is arraigned as accused in the present case. Undisputedly, except the said statement of Chikkamadegowda, there is no other material to show that the petitioner is the tenant of the premises from which liquor has been seized in the present case. Chikkamadegwoda has admitted that he has not executed any rent agreement in favour of the petitioner nor does he have any documents to show that she is the tenant in the premises in question. Petitioner is a lady aged about 59 years, having no other criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by her for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.49/2024-25 registered by Karnataka Excise Department, Mandya, for the offences punishable under Sections 11, 13(1)(f), 14, 15, 32(1), 37, 38(A) and 43 of the Karnataka Excise Act, 1965, subject to the following conditions: - 5 - NC: 2025:KHC:10055 CRL.P No. 2851 of 2025 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE DN