IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8177 OF 2019 Between:
Anand Kumar T N S/o late Ningappa Aged abvout 39 years R/at Turuganuru Village T. Narasipura Taluk Mysuru District 571 120 (By Shri Jagadeesh C.M., Advocate) And:
State by Bannur Police Station Bannur Represented by Public Prosecutor State of Karnataka High Court Building Bengaluru – 560 001 (By Shri Rohit, B.J., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioners on bail in Crime No.230 of 2019 of Bannur Police Station, Mysuru for the offence punishable under Section 20(B)(ii)(b) of the NDPS Act.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. That on credible information, the respondent-police have registered a case in Crime No.230 of 2019 for the offences punishable under Section 8C, 20(B)(ii)(b) of the Narcotic Drus and Psychotropic Substances Act, 1985. On the basis of the said information, the police raided the house of the accused situated at Turuganuru and found 2.4 kilograms of ganja preserved in a plastic bag. The mahazar was drawn and the same has been seized. There is no further allegation that the petitioner is a habitual offender and he has been involved himself in the Narcotic Drugs case. The said bag containing ganja leaves, and also on a suspicion that the same was stored for the purpose of selling, the police have registered a case.
3. Looking to the above said facts and circumstances of the case, as it is an isolated circumstance and there is no previous bad antecedents alleged against the petitioner and further the quantity of ganja is not commercial quantity and hence the provisions of Section 37 of Narcotic Drugs and Psychotropic Substances Act will not be attracted. As the petitioner has already arrested, interrogated and sent to judicial custody which indicates that he is no more required for any further investigation, and hence the petitioner is entitled to be enlarged on bail on stringent conditions. Hence, the following:
O R D E R Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.230 of 2019 of Bannur Police Station, T.Narasipura Circle, Mysuru District for the offence punishable under Sections 8C and 20(B)(ii)(b), subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) Petitioner shall not indulge in tampering the prosecution witnesses.
(iii) Petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) Petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE lnn