IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6954/2019 BETWEEN SHRI ARISH S/O. SRI. PURUSHOTHAM AGED 25 YEARS R/AT. SRI RAMA NILAYA AVALAHALLI, MARUTHI LAYOUT K.R.PUARAM, BENGALURU CITY KARNATAKA – 560 026 ... PETITIONER (BY MS. AYANTIKA MONDOL, ADVOCATE) AND STATE OF KARNATAKA BY SUDDAGUNTE PALYA POLICE STATION, BENGALURU CITY 560 029 REP. BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.88/2019 OF SUDDAGUNTEPALYA POLICE STATION P/U/S. 20(B)(ii), (C) NDPS ACT, 1985.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A2) and the learned HCGP for the Respondent –State. Perused the records.
2. Petitioner is arraigned as Accused No.2 in Crime No.88/2019 of Siddaguntepalya Police Station registered for the offence under Section 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, now pending before the court of XXXIII Addl. City Civil and Sessions Judge & Special Judge (NDPS) (CCH.33), Bengaluru.
3. The brief facts of the case are that, on 14.5.2019, the respondent – Police have received credible information from the complainant at about 12.00 noon some persons would come near Christ College for the purpose of selling ganja to the students. After receiving the said information, along with punch witnesses, the police reached the back side gate of Christ College and caught one person and he disclosed his name as Shyam Das (A1) and he was in possession of 2 kg. 300 grams of Intoxicant Ganja (Weeds), 50 empty covers with measurement scale and a two wheeler. During investigation he disclosed the names of his friends viz., Arish, Jibin John, Gokul and Arumal and stated that, they are all staying together at Sri Ram Nilaya, 3rd Floor, Avalahalli Hirandhalli, Maruthi Layout, KR Puram, Bengaluru. On the information that the accused have stored the alleged articles in the house of Accused No.1 situated in the above noted address, the police have arrested this petitioner -Arish (A2) and raided the said place and recovered and seized 2 bags containing 10 Kgs and 11 Kgs of Ganja (Weeds) from the said place in the presence of the punch witnesses. The police have gathered the information by accused No.1 & 2 that, they have stored the ganja in the house of Accused No.1 by purchasing the same from different persons and sold the ganja for the wrongful gain to the students and to the nearby theatres etc. Other accused persons were found to be escaped to their native places.
4. Learned HCGP furnished the case diary which disclosed that, the house, where Accused No. 1 and his friends were staying, was taken by accused No.1 for rent from one Roopa. The said Roopa gave her statement that they had been to Dharmasthala on the date of the above said incident, but when they came back from Dharmasthala they came to know that, the police have seized the above said articles from accused No.1.
5. Looking to the above said facts and circumstances of the case, the allegations are mainly on accused No.1 from whom ganja was seized and he took the police to his house and produced two bags containing 11 kgs and 10 grams of ganja. Except the presence of this petitioner (accused No.2) in the house of accused No.1, nothing has been stated against him. Therefore, the relationship between the accused Nos.1 and 2 and also their previous attitude etc., have to be established during the course of full-fledged trial. Though the quantity of Ganja seized is a commercial quantity, but the entire case revolves around the statement of accused No.1 and others. No recovery is made at the instance of accused No.2. Therefore, Section 37 of NDPS Act is not applicable insofar as this petitioner is concerned.
6. It is seen from the records that on the same allegations, another accused by name Jibin John (A3) has approached this court for grant of bail in Criminal Petition No.5648/2019 and vide order dated 19.09.2019, this court has enlarged him on bail. The petitioner (A2) herein also stands on the same footing as that of Accused No.3. Therefore, on the ground of parity, this petitioner (A2) is entitled to be enlarged on bail. Hence, the following:-
O R D E R The petition is allowed. Consequently, the petitioner (A2) shall be released on bail in connection with Crime No.88/2019 of Suddaguntepalya Police Station registered against him for the offence punishable under Section 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, now pending before the court of XXXIII Addl. City Civil and Sessions Judge & Special Judge (NDPS) (CCH-33), Bengaluru, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The 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.
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
KGR* Sd/- JUDGE