IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.2298 OF 2019 BETWEEN:
KAMALAMMA W/O. LATE ARUN KUMAR AGED ABOUT 62 YEARS R/AT INDIRANAGARA HULIYARU HOBLI C.N.HALLI TALUK – 572214 TUMAKURU DISTRICT. ...PETITIONER (BY SRI SAMEER S.N., ADV.) AND STATE BY HULIYUR POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001. ...RESPONDENT (BY SRI DILRAJ SHIRALLI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.38/2018 (SPL.C.C.NO.434/2018) OF HULIYAR POLICE STATION, TUMKURU DISTRICT FOR THE OFFENCE P/U/S 20(B) OF NDPS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is facing trial in SPl.C.C.No.434/2018 on the file of Principal District and Sessions Judge, Tumkur for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 120B of IPC on the basis of the charge sheet filed by respondent-Police in Crime No.38/2018 of their police station.
2. It is alleged that accused Nos.1 to 7 conspired for illegal trafficking and sale of Ganja. In execution of such conspiracy, petitioner used to procure Ganja from accused No.6 for lower price and then accused Nos.1 to 5 used to sell that for higher price to accused Nos.7 to 11. Accused No.1 was involved in the case for the reason that due to her old age she will not be suspected. On 16.4.2018 at 6:45 p.m., respondent- Police conducted raid at the house of the petitioner when she was found selling ganja sitting outside her house and that ganja was seized.
3. It is alleged that on the basis of statement of petitioner, 65 kgs of ganja from cellar constructed under the pooja room of her house was seized and recovered under the mahazar.
4. Learned counsel for the petitioner submits that when this Court rejected earlier petition of the petitioner in Crl.P.No.6065/2018, the charge sheet was not produced before the Court and that was the changed circumstance. The other ground is that petitioner is required to undergo surgery and thus, on medical ground also, petitioner is entitled for bail.
5. Earlier petition of the petitioner was rejected on merits. In the earlier order, there is a reference to the charge sheet and the contents of the same regarding the allegation made against the petitioner. As per Annexure-D - the charge sheet copy produced by the petitioner herself, the charge sheet was filed on 12.10.2018 and criminal petition No.6065/2018 was disposed of on 10.12.2018 that is subsequent to filing of the charge sheet. Therefore, there is no merit in the contention that earlier order was passed without looking into charge sheet records.
6. Medical records made available by the High Court Government Pleader show that petitioner is advised to undergo Thoracotomy surgery for her Thymic cyst and she requires about a month’s time for that.
7. The earlier order refers to Special Case No.254/2012, where petitioner was allegedly involved in the similar offence. Learned counsel for the petitioner submits that the said case ended in acquittal and now the same is pending in appeal before this Court. This Court, in the earlier petition referring to Section 37 of the NDPS Act held that petitioner has failed to satisfy the inference of her innocence.
8. Having regard to the age and medical condition of the petitioner and considering the earlier orders of this Court, this Court finds that it is just and proper to grant limited bail to the petitioner for her medical treatment.
Therefore, petition is partly allowed. Petitioner is granted bail for a period of 3 months in Spl.C.C.434/2018 pending on the file of Principal District and Sessions Judge, Tumkur. The trial Court shall release her forthwith on bail subject to the following conditions:-
1. Petitioner shall execute personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand only) and furnish two sureties for the like sum to the satisfaction of the trial Court.
2. She shall submit her medical report periodically to the trial Court .
3. She shall not tamper the evidence or hamper the trial.
4. She shall surrender before the trial Court on or before 90th day of her release by the trial Court.
Sd/- JUDGE PYR