BENGALURU: The Karnataka High Court rejected bail for an accused, who was arrested on charges of illegally storing 7,200 litres of liquor at his residence. The accused, Nagaraj (27), is a resident of Waddar Colony in Bidar.
“Having perused the material on record which discloses that the petitioner has stored a total of 7,200 litres of liquor and 8 litres of toddy in his house, and considering that he has been committing similar offences from 2017-18 onwards and six cases being registered against him, it is not a fit case to exercise discretion under Section 439 of the CrPC in favour of the petitioner. If he is enlarged on bail, he would again indulge in such offences. Also, not being convicted in any case is not a ground to grant bail,” said Justice HP Sandesh, at the Kalaburagi Bench of the High Court, while rejecting the bail plea.
The accused was booked under provisions of the Karnataka Excise Act by the Excise Police Station, Bidar. When an Excise Inspector raided the house, the petitioner had escaped. The counsel for the petitioner argued that while five cases were registered against his client, the latter is not convicted in any of them as all cases were false. The offences alleged against him are not punishable with death or imprisonment for life, and hence, he may be enlarged on bail, he argued.
In counter, the prosecution contended that the petitioner is a habitual offender, who has repeatedly indulged in committing similar offences. The present case is his sixth. If he is granted bail, he could indulge in offences again, it mentioned.