- 1 - HC-KAR NC: 2026:KHC:3740 CRL.P No. 16565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16565 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. GANGADHARA B H S/O HONNAIAH AGED ABOUT 32 YEARS R/AT: BASGODU COLONY VASTHARE HOBLI CHIKKAMAGALURU TALUK - 573 103. …PETITIONER (BY SRI. LINGARAJU K R, ADVOCATE) AND: 1. STATE BY EXCISE SUB-INSPECTOR CHIKKAMAGALURU SUB- DIVISION CHIKKAMAGALURU REP., BY ITS S.P.P HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.22/2025 REGISTERED BY THE EXCISE INSPECTOR CHIKKAMGALURU SUB-DIVISION CHIKKAMAGALURU TALUK AND DISTRICT FOR THE OFFENCE PUNISHABLE UNDER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3740 CRL.P No. 16565 of 2025 SECTIONS 13(1)(a), 13(1)(f), 32, 34, 38(A) OF KARNATAKA EXCISE ACT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 482 of BNSS praying to grant anticipatory bail in Crime No.22/2025 of Exercise Police Station Chikkamagaluru registered for offences punishable under Sections 13(1)(a), 13(1)(f), 32, 34, 38(A) of Karnataka Excise Act. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the complaint has been filed suo motu by the Excise Inspector. The seizure of the articles from the shed is not in the presence of the panchas. The said shed does not belong to the petitioner. The petitioner is coolie - 3 - HC-KAR NC: 2026:KHC:3740 CRL.P No. 16565 of 2025 worker. He is innocent and not committed any offence as alleged. The petitioner is ready to cooperate with the Investigating Authority in the investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The maximum sentence that can be imposed for offences alleged is imprisonment for 05 years and they are triable by Judicial Magistrate First Class. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that in the shed which is situated by the side of house of this petitioner, it is found that 30 liters of jaggery waste, 2 liters of illicit liquor, 1 aluminium cauldron having 50 litres capacity and another aluminum vessel having 10 litres capacity were found and they have been seized. The petitioner is required for custodial interrogation. The investigation is in progress. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:3740 CRL.P No. 16565 of 2025 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. The said articles have been seized from the shed which is situated adjacent to the house of this petitioner. Whether the said shed belongs to the petitioner is matter of investigation. The offence alleged against the petitioner is triable by Magistarte and maximum sentence provided for the said offence is imprisonment which may extend upto 05 years. The petitioner has undertaken to co-operate with the Investigating Authority in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result, the following - 5 - HC-KAR NC: 2026:KHC:3740 CRL.P No. 16565 of 2025 ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.22/2025 of Exercise Police Station Chikkamagaluru registered for offences punishable under Sections 13(1)(a), 13(1)(f), 32, 34, 38(A) of Karnataka Excise Act subject to following conditions: a) The petitioner –accused shall voluntarily appear before the Investigating Officer within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. b) The petitioner –accused shall co-operate with the Investigating Officer in the investigation - 6 - HC-KAR NC: 2026:KHC:3740 CRL.P No. 16565 of 2025 and appear before the Investigating Officer whenever called for. c) The petitioner –accused shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence. d) The petitioner –accused shall appear before the Investigating Officer on every Sunday between 10a.m., to 02p.m., for a period of 02 months or till filing of final report whichever is earlier. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 30 Ct.sm