KAMALESH S/O VINOD KUMAR IDNANI Vs. THE STATE THROUGH YADGIR TOWN, P.S., BY S.P.P., HIGH COURT OF KARNATAKA CIRCUIT BENCH GULBARGA - 585 103

JUDGEMENT

(1.) PETITIONER who has been arraigned as accused No. 2 in Crime No. 91/2012 registered by Yadgir Town Police Station for the offences punishable under Sections 32 and 34 of Karnataka. Excise Act 1965 is seeking for being enlarged on bail in the event of his arrest. Heard; Sri. Veeresh B. Patil, Learned Counsel appearing for petitioner and learned Additional State Public Prosecutor appearing for respondent - State. Perused the records.

(2.) CASE of the prosecution is that on 14.06.2012 at about 10.30 a.m. when PSI, Yadgir Town Police Station was patrolling near City Municipality, he saw a person coming on motor cycle with a box/bag at the back side of the vehicle and on suspicion, said vehicle was stopped and checked and it was found that said person was carrying liquor bottles to Hattikuni village and on being questioned, he informed that owner of Sindhu Bar (petitioner herein) had instructed him to do so and since he was working as waiter in the said bar, he had carried out the instructions given by the owner. Liquor bottles were seized under mahazar and a case was registered under Sections 32 and 34 of Karnataka Excise Act, 1965. Defence of petitioner is of total denial.

(3.) PER contra, learned Additional State Public Prosecutor prays for rejection of the petition contending that investigation is being continued and charge sheet is yet to be filed and in the event of petitioner being enlarged on bail, he is likely to abscond and may tamper with the prosecution witnesses.