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2026 DAILYLAW 43104 (KAR)

SRI. DOMINIC SAVYO J R v. STATE OF KARNATAKA

CRL.P/13432/2026 · 2026-09-25

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010609582026 NC: 2026:KHC:53275 CRL.P No. 13432 of 2026 C/W CRL.P No. 13462 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13432 OF 2026 C/W CRIMINAL PETITION NO. 13462 OF 2026 IN CRL.P No. 13432/2026 BETWEEN: 1. SRI. DOMINIC SAVYO J R, AGED ABOUT 45 YEARS, S/O. SRI. P.J. RAJKUMAR, R/AT NO.519, 10TH A CROSS, 29TH MAIN, HSR LAYOUT, BENGALURU - 560 102 2. SRI. KAVERAPPA BADUMANDA JAGADISH, AGED ABOUT 40 YEARS, S/O. SRI. JAGADISH B.K., R/AT NO.33A, 2ND CROSS ROAD, SNEHANAGAR, SAHAKARANAGAR, BENGALURU - 560 092 …PETITIONERS (BY SRI. BINU M., ADVOCATE) AND: STATE OF KARNATAKA BY NANDINI LAYOUT EXCISE, REPRESENTED BY SPP, HIGH COURT BUILDING HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010609582026 NC: 2026:KHC:53275 CRL.P No. 13432 of 2026 C/W CRL.P No. 13462 of 2026 THIS CRL.P IS FILED U/S 438 CR.P.C. (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ANTICIPATORY BAIL IN CRIME NO.37/2026, IN THE EVENT OF HIS ARREST, PENDING BEFORE THE LEARNED 32ND ACJM AT BENGALURU, AGAINST THE PETITIONER FOR THE OFFENCES P/U/S.11, 12, 14, 15, 32(1) AND 43 OF THE KARNATAKA EXCISE ACT. IN CRL.P NO. 13462/2026 BETWEEN: 1. SRI. DOMINIC SAVYO J R, AGED ABOUT 45 YEARS, S/O. SRI. P.J. RAJKUMAR, R/AT NO.519, 10TH A CROSS, 29TH MAIN, HSR LAYOUT, BENGALURU - 560 102 2. SRI. KAVERAPPA BADUMANDA JAGADISH, AGED ABOUT 40 YEARS, S/O. SRI. JAGADISH B.K., R/AT NO.33A, 2ND CROSS ROAD, SNEHANAGAR, SAHAKARANAGAR, BENGALURU - 560 092 ...PETITIONERS (BY SRI. BINU M., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY NANDINI LAYOUT EXCISE, REPRESENTED BY SPP, - 3 - HC-KAR CNR: KAHC010609582026 NC: 2026:KHC:53275 CRL.P No. 13432 of 2026 C/W CRL.P No. 13462 of 2026 HIGH COURT OF KARNATAKA, BENGALURU - 560 001 ...RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF ARREST ARISING OUT OF CR.NO.26/2026 AGAINST THE PETITIONER, PENDING BEFORE THE LEARNED 32nd ACMM, AT BENGALURU, FOR THE OFFENCES P/U/S 11,12,14,15,32(1),43 OF KARNATAKA EXCISE ACT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Petitioners who are apprehending arrest in Crime No.37 of 2025-2026/0201020051E/1744417 and Crime No.26 of 2025-2026/020102005SIE1/2512236 pending before the Court of XXXII Additional Chief Judicial Magistrate, Bengaluru for the offences punishable under Section 11, 12, 14, 15, 32(1) and 43 of the Karnataka Excise Act, 1965, are before this Court in these petitions - 4 - HC-KAR CNR: KAHC010609582026 NC: 2026:KHC:53275 CRL.P No. 13432 of 2026 C/W CRL.P No. 13462 of 2026 filed under Section 482 of BNS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. Perusal of the material on record would go to show that based on the credible information received the Deputy Inspector of Excise, Nandini Layout Range, had conducted a raid to the parcel godown of a logistic company at Yeshwanthpur Railway Station and had seized huge quantity of liquor, which was stocked without proper licence. Thereafter, two separate cases were registered. On enquiry, the Officers were informed that the liquor belonged to one Sri.Birendra Singh, who was subsequently arrested. During the course of investigation of the said cases, the petitioners had received enquiry notice form the Investigation Officer and therefore, they had approached the jurisdictional Sessions Court in Crl.Misc.No.8239 of 2026 and Crl.Misc.No.8241 of 2026. The learned Sessions Judge by common order dated 24.08.2026 had dismissed - 5 - HC-KAR CNR: KAHC010609582026 NC: 2026:KHC:53275 CRL.P No. 13432 of 2026 C/W CRL.P No. 13462 of 2026 the bail applications filed by the petitioners. It is under these circumstances, petitioners are before this Court. 4. It is not in dispute that the goods which were stocked without licence/permission has been recovered and seized in the present case. Allegation as against the accused persons is that the liquor seized in the aforesaid two cases were transported to Bengaluru from Dehli and Hariyana without permission/licence. Accused No.1 who was arrested in the present case is said to have been released on regular bail by the jurisdictional Court. 5. It is not in dispute that the petitioners herein do not have any other criminal antecedents. They have undertaken to co-operate with the Investigation Officer for the purpose of investigation. Considering the nature of allegations found against them and also the maximum punishment provided for the alleged offences, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively, - 6 - HC-KAR CNR: KAHC010609582026 NC: 2026:KHC:53275 CRL.P No. 13432 of 2026 C/W CRL.P No. 13462 of 2026 subject to appropriate conditions. Accordingly, the following : O R D E R The criminal petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.37 of 2025- 2026/0201020051E/1744417 and Crime No.26 of 2025- 2026/020102005SIE1/2512236 pending before the Court of XXXII Additional Chief Judicial Magistrate, Bengaluru for the offences punishable under Section 11, 12, 14, 15, 32(1) and 43 of the Karnataka Excise Act, 1965, subject to the following conditions: a) Petitioners 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/- each with two - 7 - HC-KAR CNR: KAHC010609582026 NC: 2026:KHC:53275 CRL.P No. 13432 of 2026 C/W CRL.P No. 13462 of 2026 sureties for the likesum to the satisfaction of the investigating officer. b) Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. d) Petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 46