K .MALLIKARJUNA @ MALLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner/ accused no.3 on bailin the event of his arrest for the offences punishable under Section 32 and 34 of Karnataka Excise Act, 1965 and Section 273, 284, 307, 308, 324, 332 and 353 read with Section 34 of IPC registered in Crime No.42 of 2020 of Sirigeri Police Station.

(2.) The case of prosecution is that on the report submitted by the P.S.I, Sirigeri Police Station, case was registered at Police Station Crime No.42 of 2020, wherein the petitioner is arrayed as accused No.3. The allegations are that on 11.04.2020 evening at 7.00 p.m. the complainant on receiving credible information about sale of illicitliquor near the land of Sanna Pottaiah, the complainant along with his staff and panchas went to the spot and they noticed that four persons were selling the illicitliquor. Those persons by looking at the complainant and his staffin the uniform started pelting stones on them. As a result of which, one of the staff namely H.C.-392 sustained the head injury. One of the accused persons was apprehended at the spot, on enquiry, he disclosed the names of other three persons who were involved in sale ofillicitliquor. The accused have committed the offence punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965 and Sections 273, 284, 307, 308, 324, 332 and 353 read with section 34 of IPC.

(3.) After registering the case police officials are making attempt to arrest the petitioner/accused No.3. Hence, the petitioner had approached the Sessions Court for seeking anticipatory bail , but the same was rejected.