IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K. S. MUDAGAL CRIMINAL PETITION NO.8483/2018 Between:
1. BAIRE SIDDAPPA @ SIDDAPPA S/O. LATE KARIYAPPA AGED ABOUT 64 YEARS OCC: AGRICULTURIST R/O. BISANHALLI VILLAGE HOSADURGA TALUK AND CHITRADURGA DISTRICT – 577 527 2. NAGARAJA S/O. LATE ERAPPA AGED ABOUT 40 YEARS OCC: AGRICULTURAL COOLIE R/O. BISANAHALLI VILLAGE HOSADURGA TALUK AND CHITRADURGA DISTRICT – 577 527 3. SHANKRI RAJAPPA @ RAJAPPA S/O. LATE SHANKRI THIMMANNA AGED ABOUT 60 YEARS OCC: COOLIE R/O. UGANEKATTE VILLAGE HOSADURGA TALUK AND CHITRADURGA DISTRICT – 577 527 (BY SRI. RAVINDRA B.DESHPANDE., ADV.) ... PETITIONERS And THE STATE OF KARNATAKA BY CHANNAGIRI POLICE STATION DAVANAGERE DISTRICT – 577 213 (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001) (BY SRI. K. P. YOGANNA, HCGP) ... RESPONDENT THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.416/2018 OF CHANNAGIRI POLICE STATION, DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 8(c) AND 20(b) OF NDPS ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos.2 to 4 in Crime No.416/2018 of Channagiri Police Station registered for the offences punishable under Sections 8(c) and 20(b) of the NDPS Act.
2. It is alleged that on 03.10.2018 at 10:00 a.m. on the basis of the credible information of illegal trafficking of Ganja, the complainant / the Police Sub-
Inspector of Channagiri along with Taluka Executive Magistrate, Channagiri, Mahazar witnesses and his staff conducted raid near Jaamia Mosque, Channagiri town.
3. It is alleged that accused Nos.1 to 4 were apprehended on suspicion and ganja weighing 1.800 kg was recovered in different bits from each one of them. Thereafter, on the basis of the voluntary statement of accused Nos.1 to 4, ganja in all weighing 12.600 kg hidden by the accused at several points in different bits under the cactus plants near Fire Police Station, Channagiri town was recovered. It is further alleged on interrogation of accused revealed that one Mugappa @ Murugendrappa of Arebilachi Village of Bhadravathi, is a supplier of the said Ganja.
4. The ganja allegedly seized from the custody of the petitioners is not the commercial quantity. It is alleged that ganja recovered from each accused consists of several lots ranging from 250gms to 1200 gms. As per the mahazar the major quantity seized at the second spot consisted of stem, bud, seeds and leaves of the ganja plant. Therefore, out of that what was the exact quantity of ganja has to be ascertained at the trial. Except for trial, further detention of the petitioners is not required for any other purpose. Under these circumstances, it is the fit case to grant bail with suitable conditions. Therefore, petition is allowed.
5. Petitioners are granted bail in Crime No.416/2018 of Channagiri Police Station, subject to the following conditions:
1. The petitioners shall execute personal bonds in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for their appearance;
2. They shall appear before the I.O/Court as and when required for the purpose of investigation/trial;
3. They shall not tamper the prosecution witnesses in any manner;
4. They shall mark their attendance before the Investigating Officer on every alternative Sunday in his office till the charge sheet is filed.
Sd/- JUDGE HJ