This petition is filed by the sole accused under

Section 438 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the 8Cr.P.C.9, for

brevity)

seeking

bail

in

Crime

No.13/2022-

23/1708IE/170808

of

Navalgund

Excise

Police

Station, registered for the offences punishable

under Sections 13(1)(e), 14, 15, 32, 32(1)(i),

34(ii),

38(A)

of

the

Karnataka

Excise

Act

(hereinafter referred to as 8K.E. Act9, for brevity).

2.

The case of the prosecution is that on

01.09.2022

on

the

instructions

of

Deputy

Commissioner of Dharwad Excise Department the

complainant

and

his

subordinates

went

to

Tuppadakurhatti Village of Annigeri Taluk at about

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2.35 p.m. and raided a tin shed situated therein.

After seeing the complainant and other officials

accused No.1 escaped from the said spot and

thereafter, on searching the said premise the

complainant found fertilizer bag in which liquor is

found. Furthermore, three motorcycles are found

in the spot of offence and the said items are seized

by the complainant under Mahazar. A sou-motu

complaint

has

been

filed

which

came

to

be

registered in Crime No.13/2022-23/1708IE/170808

of Navalgund Excise Police Station for the offences

stated above. The petitioner who is arrayed as

accused No.2 in the FIR apprehending his arrest

filed Criminal Miscellaneous No.512/2022 seeking

anticipatory bail along with accused No.1 and the

same

came

to

be

rejected

so

far

as

this

petitioner/accused No.2 is concerned and granted

so far as accused No.1 is concerned by the

Principal District and Sessions Judge, Dharwad by

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order

dated

26.09.2022.

Therefore,

the

petitioner/accused No.2 is before this Court

seeking anticipatory bail.

3.

Heard learned counsel appearing for the

petitioner and learned High Court Government

Pleader for the respondent-State.

4.

The learned counsel for the petitioner

would

contend

that

the

name

of

this

petitioner/accused No.2 is not forthcoming in the

averments of the complaint, but he has been

arrayed as accused No.2. The basis for arraying

this petitioner as accused No.2 is not forthcoming

in the complaint. The offences alleged against

this petitioner/accused No.2 are not punishable

with death or imprisonment for life. The petitioner

is

ready

to

co-operate

with

the

Police

in

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investigation. With this, he prayed to allow the

petition.

5.

Per

contra,

learned

High

Court

Government

Pleader

contended

that

the

investigation is still in progress. The petitioner is

having criminal antecedents and he is involved in

four other cases registered in Navalgund Police

Station and he is also involved in four other similar

crimes for the offences alleged herein. It is his

further submission that if the petitioner is granted

anticipatory bail, he will hamper the investigation

and tamper the prosecution witnesses. With this,

he prayed to reject the petition.

6.

Having regard to the submissions made

by learned counsel for the petitioner and learned

High Court Government Pleader, this Court has

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gone through the FIR, complaint and the order

passed by the Sessions Court.

7.

The anticipatory bail petition of this

petitioner/accused No.2 came to be rejected by the

Sessions Court on the ground that he was in

judicial custody in Crime No.117/2022 of Annigeri

Police Station. The learned counsel for the

petitioner would submits that the fact that this

petitioner has signed the vakalath itself shows that

he has been granted bail in the said case. The

offences alleged against the petitioner are not

punishable with death or imprisonment for life.

The role of this petitioner is not forthcoming in the

averments of the complaint. Merely because he

involved in other similar cases, is not a ground to

reject the petition of this petitioner/accused No.2.

The petitioner is ready to co-operate with the

Police in investigation. There are no criminal

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antecedents of the petitioner. The main objection

of the prosecution is that, if the petitioner is

granted anticipatory bail, he will hampe