IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.2510/2017 BETWEEN:
MOHAMMED RASHID ARMAN S/O KALLU AGED ABOUT 24 YEARS R/O MOHALL, GOUS NAGAR SAIDPUR BUDAUN, SAIDPUR UTTAR PRADESH – 202 525. …PETITIONER (BY SRI DINESH KUMAR RAO K., ADV. AND SRI R.B.DESHPANDE, ADV.) AND:
THE STATE OF KARNATAKA BY VITLA POLICE STATION D.K.DISTRICT – 574 243 (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001.) …RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.342/2016 OF VITLA POLICE STATION, D.K., FOR THE OFFENCES P/U/S 8(C), 20(B)(ii)(b) OF N.D.P.S. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The respondent-police charge sheeted the petitioner (A-2) and four others in respect of the offences punishable under sections 8(C), 20(B)(ii)(b) of the NDPS Act in their Cr.No.342/2016.
3. The allegation of the prosecution is, accused Nos.1 and 2 were carrying 13 kgs of ganja of value Rs.1,50,000/- provided by A-3 on 30.12.2016 to sell the same to A-4 and A-5. As per the complaint allegation, the petitioner was the pillion rider when the Investigating Officer intercepted the motor cycle driven by A-1 and it was at the instance of A-1 this petitioner was carrying the ganja bag. The petitioner is not shown to have antecedents of identical offence. The incriminating substance seized is less than the commercial quantity, investigation since complete, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.342/2016 of respondent- police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court.
The surety shall produce his original title deeds pertaining to the immovable properties and his identity/Aadhar card for perusal of the Court. Hemust not have previous history of offering surety to any accused in any other criminal case so far.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall not terrorize the prosecution witnesses.
(iv) He shall not indulge in identical criminal activities.
In view of the disposal of the petition, I.A.1/17 does not survive for consideration.
Dvr:
Sd/- JUDGE