IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.9063/2017 BETWEEN:
ESHWARAPPA S/O SANNAPPA AGED ABOUT 44 YEARS R/O NEAR URDU SCHOOL RAGHAVENDRA BADAVANE KANAKERI, SORABA SHIVAMOGGA DISTRICT – 577 401.
(BY SRI RENUKARADHYA R.D. & SRI PARAMESHWARAIAH, ADVS.) AND:
STATE OF KARNATAKA BY SHIRALAKOPPA POLICE STATION SHIKARIPURA TALUK SHIVAMOGGA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.
... PETITIONER ...RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP.) THIS CRL.P. FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.231/2017 OF SHIRALAKUPPA P.S., SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S. 8(C), 20A, 20(B)(ii)(b) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 8(c), 20A, 20(B)(II)(b) of NDPS Act, registered in respondent police station Crime No.231/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in this case.
4. It is the case of the prosecution that the complainant received a credible information that the petitioner had grown ganja plants in his shunti land situated at Hunasekatte village. But looking to the complaint averments and other materials produced in the case, there is no mention even in the complaint that immediately after receipt of credible information, he has reduced the same in writing in the station diary in compliance of Section 42(1) of NDPS Act. So also, there is no specific mention that immediately thereafter he has informed his superior officers about the same and taken their permission to proceed with the matter. Though it is mentioned that the petitioner had grown ganja plants in his land, what is the survey number of the said land is not mentioned in the complaint. Insofar as growing of 37 ganja plants in the said land is concerned, no doubt it is stated that it was uprooted and when weighed, it was 71 kgs., worth Rs.71,000/-. In this connection, learned counsel for the petitioner brought to the notice of this Court Section 2(b) of NDPS Act.
5. The petitioner contended that he is innocent and not involved in committing the alleged offences. He is ready to abide by any conditions to be imposed by this Court.
6. As per the prosecution case, the materials have already been seized. Nothing further remains to be seized from his possession. The alleged offences are not exclusively punishable with death or imprisonment for life.
7. Accordingly, petition is allowed. The respondent-Police is directed to enlarge the present petitioner/accused on bail in the event of their arrest in connection with Crime No.231/2017 registered for the above said offences, subject to the following conditions:
i. Petitioner shall execute a personal bond for Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. The petitioner has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE SA