IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.9017 OF 2017 BETWEEN:
Gopala @ Gopi, S/o.Onkarappa, Aged about 30 years, Resident of Shyadalakoppa, Soraba Taluk, Shivamoga District, Pin code: 570 209. ... Petitioner (By Sri L.Sudarshan, Advocate A/w.Sri H.Dayananda Saraswathi, Advocate) AND:
State by Sub Inspector of Police, Soraba Police Station, Soraba, rep. by State Public Prosecutor, High Court of Karnataka, Bangalore – 560 001. ...Respondent (By Sri Chetan Desai, Advocate) This criminal petition is filed under Section of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.225/2017 of Soraba Police Station, Shivamogga for the offence punishable under Section 20(A)(B)(1) of N.D.P.S. Act and etc.
This criminal petition, coming on for orders, this day, the Court made the following:
ORDER This is the petition filed by petitioner under Section 438 Cr.P.C. seeking his release on bail and to direct the Police to release the petitioner on bail in the event of the arrest of the petitioner for the alleged offences punishable under Sections 20 (A)(B)(1) of N.D.P.S. Act, registered in respondent Police Station in Crime No.225/2017.
2. Heard the arguments of learned counsel appearing for the petitioner accused so also learned High Court Government Pleader for the respondent State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case.
4. The allegation as against the present petitioner is that he grown Ganja plants in the land bearing Sy.No.251 and after getting the credible information, complainant and concerned staff along with panchas went there and they have noticed 30 to 40 Ganja plants. They were weighing 50 kgs. worth Rs.50,000/-. After seeing them, the petitioner ran away from the said place.
5. During the course of hearing, learned counsel for the petitioner submits that he cannot run after the Police have chased him. The further contention is that the land belongs to the Government; it is not standing in the name of the petitioner. For the present, the Government has not produced any document to show that it is in the name of the petitioner and it was under his cultivation. Apart from that, looking to the complaint averments itself there is no specific allegations in the complaint that after receipt of the credible information, he reduced the same into writing to the Station House Diary in compliance of Section 42 Clause (1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘N.D.P.S. Act’). The petitioner denied the entire case of the prosecution contending that there is false implication and he is ready to abide by any reasonable conditions to be imposed by the Court. The alleged offences are also not exclusively punishable with death or imprisonment for life. The alleged Ganja is already seized by the Police.
6. Accordingly, the petition is allowed. The respondent-Police is hereby directed to release the present petitioner on bail in the event of his arrest for the alleged offence punishable under Sections 20 (A)(B)(1) of N.D.P.S. Act, registered in respondent Police Station in Crime No.225/2017, subject to the following conditions:
(i) The petitioner accused shall have to execute personal bond for Rs.50,000/- with one solvent surety for the likesum to the satisfaction of the concerned arresting authority.
(ii) He shall not tamper with any of the prosecution witnesses directly or indirectly.
(iii) He has to mark his attendance before the concerned Police Station once in a month preferably on Sunday in between 10.00 a.m. and 11.00 a.m. till the completion of investigation and he has to cooperate with the investigation agency for further investigation so also for interrogation.
(iv) He has to appear before the concerned Court and to execute the personal bond so also the surety bond within 30 days from the date of this order.
Sd/- JUDGE Cm/-