- 1 - HC-KAR CNR: KAHC010634192026 NC: 2026:KHC:52852 CRL.P No. 14180 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14180 OF 2026 BETWEEN: YOGESHA K S/O AITHAPPA AGED ABOUT 45 YEARS RESIDING AT: KUCHIKKAD HOUSE KUNJATHUR VILLAGE AND POST MANJESHWARA TALUK KASARGOD DISTRICT KERALA STATE - 671 323. …PETITIONER (BY SRI NAGESH K.N, ADV.) AND: STATE OF KARNATAKA BY YELAHANKA NEW TOWN POLICE STATION, BENGALURU (RE-RESENTED BY STATE PUBLIC PROSECUTOR) HIGHC COURT OF KARNATAKA BENGALURU - 01. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THEM ON BAIL IN CRIME NO.346/2026 FILED BY THE RESPONDENT YELAHANKA NEW TOWN POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 123 OF BNS 2023 AND SEC.32,34 OF THE KARNATAKA EXCISE ACT WHICH IS PENDING OF THE FILE OF THE HONBLE 55th ADDL CJM BENGALURU TILL DISPOSAL OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010634192026 NC: 2026:KHC:52852 CRL.P No. 14180 of 2026 ORAL ORDER 1. Accused No.5 in Crime No.346/2026 registered by Yelahanka New Town Police Station, Bengaluru City, for the offences punishable under Section 123 of BNS, 2023 and Sections 32 and 34 of the Karnataka Excise Act, 1965, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.346/2026 was registered by Yelahanka New Town Police Station, Bengaluru City, for the aforesaid offences, based on the first information dated 09.08.2026 received from Sri Madusudhan L., Police Officer attached to Yelahanka New Town Police Station, Bengaluru City. In the said case, petitioner was arrested on 14.08.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.8453/2026 was rejected on 01.09.2026. Therefore, he is before this Court. 4. Perusal of the first information and other material made available to this Court would reveal that, on the - 3 - HC-KAR CNR: KAHC010634192026 NC: 2026:KHC:52852 CRL.P No. 14180 of 2026 instructions of the higher officers, the first informant and other staff of Yelahanka New Town Police Station raided the house of accused Nos.1 and 2, who are husband and wife, and recovered 125 litres of spirit, which they were allegedly in possession without any license or permission. It is under these circumstances, accused Nos.1 and 2 were arrested and remanded to judicial custody. Petitioner is arraigned as accused No.5 in the present case based on the confession statement of accused No.1. Accused Nos.1 and 2 have been granted regular bail by this Court in Crl.P.No.14310/2026 vide order dated 22.09.2026. 5. It is brought to the notice of this Court by the learned High Court Government Pleader that petitioner is a person with criminal antecedents and he hails from Kerala State. 6. Considering the aforesaid aspects of the matter and also the punishment that is provided for the alleged offences, I am of the opinion that the prayer made by the petitioner for - 4 - HC-KAR CNR: KAHC010634192026 NC: 2026:KHC:52852 CRL.P No. 14180 of 2026 grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R i) The Criminal Petition is allowed. ii) The petitioner is directed to be enlarged on bail in Crime No.346/2026 registered by Yelahanka New Town Police Station, Bengaluru City for the offences punishable under Section 123 of BNS, 2023 and Sections 32 and 34 of Karnataka Excise Act, 1965 subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, out of which one shall be a local surety, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 5 - HC-KAR CNR: KAHC010634192026 NC: 2026:KHC:52852 CRL.P No. 14180 of 2026 d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 74