BHARATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) APPREHENDING her arrest by Halagur Police in connection with case in Crime No.231/12 registered for the offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965, the petitioner arraigned as accused, has presented this petition under Section 438 of Code of Criminal Procedure seeking relief of Anticipatory Bail.

(2.) THE petition is opposed by respondent-State.

(3.) ACCORDING to the case of the prosecution, PSI of Halagur Police Station received credible information at about 10.30 a.m. on 1.11.12 that in Muthatti Village liquor is being sold illegally in a provision store without valid licence in that behalf. Immediately he secured the panchas, appraised them about the information received by him and along with his staff he went to Muthatti Village and from a distance he observed the provision store therein and noticed that one person was selling liquor bottle and another was receiving the same. Immediately when the police party tried to catch hold of those two persons, both of them ran away from the place. Thereafter, enquiry by the PSI revealed that this petitioner was the owner of the said shop and she was the lady who was selling the liquor bottle. The search of the shop revealed a cartoon box containing 48 liquor pouches each measuring 180 ml. of old Taveria Whisky. The said box containing the whisky pouches was seized under a mahazar drawn in the presence of panchas and thereafter based on the report of PSI, case came to be registered and investigation was taken up. On coming to know of the registration of the case, the petitioner approached the learned Sessions Judge seeking relief of Anticipatory Bail. The said application came to be rejected. Therefore, she is before this Court.