IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.4882/2019 BETWEEN AHMED MOHAMED MUSA S/O MOHAMED MUSA AGED ABOUT 31 YEARS R/AT II MAIN ROAD KIRLOSKAR LAYOUT BENGALURU, NATIVE OF # 114, SQUARE NO.07, KABBANA FARM 7TH CROSS, AL KARTHAM BAHARI SUDAN ... PETITIONER (BY SRI. K. RAMSINGH, ADVOCATE) AND STATE OF KARNATAKA BY TUMAKURU RURAL POLICE STATION TUMAKURU 572103 REP. BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU-560 001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITONER ON BAIL IN CR.NO.121/2019 OF TUMKUR RURAL POLICE STATION, TUMAKURU, FOR THE OFFENCE PUNISHABLE UNDER SECTION 20-B OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent–State. Perused the records.
2. The allegations against the petitioner/accused in brief are that, the accused persons was found near Heggere Bus Stand in Tumakuru Town with 344 gms of Ganja Leaves with him. He was arrested and the said 344 gms. Ganja Leaves were seized from his custody soon after the police received the credible information about the said act of the accused. It is also alleged that, after three days, the police have also seized about 918 gms of Ganja Leaves from the house of the accused. Since the date of his arrest ie., from 04.06.2019, the petitioner/accused has been in judicial custody.
3. The above facts and circumstances show that, the accused was in possession of Ganja Leaves above the smaller quantity and below the commercial quantity.
There is no allegation in the charge sheet papers to show that the petitioner is an habitual offender and he has been involved in other such cases.
4. In the above facts and circumstances, considering the nature of allegations and also considering the quantity of the Ganja Leaves the petitioner/accused possessed, in my opinion, he is entitled for grant of bail on certain conditions. Hence, the following order:-
ORDER The petition is allowed. The petitioner/accused – Ahmed Mohamed Musa shall be released on bail in connection with Crime No.121/2019 of respondent- Tumakuru Rural Police Station, registered against him for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, which is now pending before the I Addl. Civil Judge (Jr. Dn.) and JMFC, Tumakuru, subject to the following conditions:-
i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not tamper with the prosecution witnesses and he shall appear before the trial Court on all future hearing dates unless exempted for any genuine reasons by the Court.
iii) The petitioner shall not leave the jurisdiction of the trial Court without its prior permission, till the case registered against him is disposed of.
(v) The petitioner shall mark his attendance once in 15 days between 10.00 a.m. and 5.00 p.m. before the concerned Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE KGR*