Karnataka High Court Denies Bail for Accused Caught with Liquor in Court

The Karnataka High Court recently refused to grant bail to an accused individual after it was discovered that he allegedly entered the trial court premises with a liquor bottle. The case, Shivakumara @ Shivu @ Rx Shivu v. State of Karnataka, was presided over by a vacation bench led by Justice KV Aravind.

During the proceedings, Justice Aravind highlighted that CCTV footage clearly showed the accused carrying the liquor bottle. “On the date of the hearing, the petitioner was present in the court premises with a liquor bottle. It is noticed in the CCTV. It is not an allegation; the video is seen by the presiding officer,” observed Justice Aravind.

The court further noted that although the accused was present at the courthouse, he failed to appear for his hearing and was also absent on the subsequent hearing date. “Petitioner goes to court with a liquor bottle, but is not able to appear when his case is called out? If that is the case, what can be done? That is why his bail is canceled by the trial court,” stated the judge.

In a sarcastic remark, Justice Aravind suggested that the accused could remain in jail to overcome his addiction, stating, “Let him be there in jail for some more time, he will come out of that addiction. We will consider after one month. Let him be there for one more month, nothing will happen. If some private person had made the allegation, it could have been viewed differently. This video is seen and recorded by the presiding officer.”

Representing the petitioner, the defense counsel argued that the trial court failed to issue a notice or provide an opportunity for a hearing before canceling the bail. Furthermore, they contended that if any criminal offense was committed, a separate case should have been registered according to the law.

The defense counsel also questioned the reliability of the CCTV footage in establishing that the petitioner was consuming liquor. In response, the Bench queried if the accused should remain incarcerated until the trial’s conclusion merely based on an investigation. The counsel answered negatively, prompting the judge to emphasize the importance of proper conduct. “As an officer of the court, you should not encourage this. Defend it, it is your profession. There should be some seriousness also about the court,” Justice Aravind remarked.

The case is set to resume in the first week of July. The petitioner, a 27-year-old identified as Shivakumara alias Shivu alias RX Shivu, faces charges of attempted murder. His bail was revoked by the trial court due to his alleged absence during hearings and the act of bringing a liquor bottle into the court premises.