JHOHANS VIUWINGHIFERI KENIGAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri. Hashmath Pasha, learned Senior Counsel for the petitioner and Smt. Namitha Mahesh, learned High Court Government Pleader for the State, and perused the records.

(2.) This petition is filed by the accused, a foreigner against whom a FIR is registered in Crime No. 68/2021 by Hennur Police, Banaswadi Sub Division for the offences under Sections 32, 34, 14 and 15 of Karnataka Excise Act, 1965, Section 14 of the Foreigners Act, 1946 and under Sections 506, 307 and 353 of IPC. The petitioner's application under Section 439 CrPC before the learned LVII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru (CCH-58) is rejected by the order dated 06.05.2021.

(3.) The prosecution's case against the petitioner is that Sri. Ramchandru, a son of the owner of a premise in Horamavu Agara, Rajanna Layout, Hulimavu, lodged information with the jurisdictional Police informing that the petitioner was selling liquor unofficially. When the jurisdictional police, after receiving warrant/permission from the Assistant Police Commissioner, Bengaluru City, went near the said place, the petitioner's patrons who were at the premises left on their two wheelers and the petitioner threatened the police with a machete and tried to escape in his Honda Accord Car bearing No. MH-04-DR-3703 running through the petitioner and in the process one of the constables was injured. The police could seize substantial quantities of beer from the premises.