IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1665 OF 2019 BETWEEN:
Mohit.S, S/o.Suresh, Aged about 24 years, R/at No.18, 5th Main, Maruthinagar, Bengaluru-560 079.
(By Sri.Girishkumar.S, Advocate) AND:
State by Basaweshwar Nagar Police, Bengaluru City, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
(By Sri.K.Nageshwarappa, HCGP) ...Petitioner ...Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.275/2018 of Basaveshwara Nagar Police Station, Bengaluru City for the offence p/u/s 22-B of NDPS Act, 1985.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by petitioner- accused under Section 439 of Cr.P.C., seeking to enlarge him on bail in Crime No.275/2018 of Basaveshwaranagara Police Station for the offence punishable under Section 22-B of NDPS Act 1985.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that, on 01.09.2018 at about 1.00 p.m, the complainant has received a credible information and they went to the place at about 4.15 p.m. They had an information that one person by name Adarsh.K.M @ R.D who is about 5.10 feet height was trying to sell the LSD papers and MDMA pills which were in his custody. Along with punchas and the official witnesses, they apprehended accused No.1 and when they made a search of the said person they found 0.20 grams of 11 LSD papers, 4.8 grams of green 11 MDMA pills, one mobile and Rs.500 cash. The said substances were seized by drawing a mahazar. During the course of voluntary statement, accused No.1 revealed that those substances have been supplied to him by accused Nos.2 and 3. On the basis of the said voluntary statement, the petitioner-accused No.2 was also arrayed as an accused.
4. It is the submission of the learned counsel for the petitioner-accused No.2 that the petitioner is innocent and he has been falsely implicated for this case only on the basis of voluntary statement given by accused No.1. He further submitted that no articles have been seized from the possession of accused No.2. He further submitted that already accused Nos.1 and 3 have been released on bail from this Court and even on the ground of parity the petitioner-accused No.2 is entitled to be released on bail. He further submitted that the petitioner-accused No.2 is not having any criminal antecedents. He is ready to abide by any conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and release the petitioner-accused No.2 on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused No.2 is the main accused, who is supplying the said narcotic drugs to other accused persons. It is on the voluntary statement of the accused No.1, accused No.2 has been implicated in this case. It is his further submission that in Kamakshiplaya Police Station another case has been registered against the petitioner-accused No.2 and he is a habitual offender. It is his further submission that if petitioner-accused No.2 is released on bail, he may again indulge in criminal activities and he may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and have scrutinized the material.
7. A close reading of the contents of the complaint reveals that the name of accused No.2 is not found in the record and subsequently, when accused No.1 was apprehended, on the basis of his voluntary statement, the name of the petitioner has been included as accused No.2. Even there is no recovery at the instance of the accused No.2. The records also goes to show that the accused No.1 has been released on bail by this Court in Criminal Petition No.7574/2018 dated 13.12.2018 and accused No.3 has been released on bail by this Court in Criminal Petition No.8478/2018 dated 20.02.2019.
8. Though during the course of argument, learned HCGP submitted that petitioner-accused No.2 is also involved in similar type of case in Kamakshipalya Police Station, it is the specific submission of learned counsel for the petitioner that in another case, the accused has been released on bail. Though one more case is there, but in order to call the accused as a habitual offender, as per the Habitual Offender Act, he has to be convicted for the said offences, then only the said provision is applicable.
9. Keeping in view the above said facts and circumstances, even on the ground of parity petitioner- accused No.2 is entitled to be released on bail. In that light, petition is allowed and the petitioner-accused No.2 is ordered to be released on bail in Crime No.275/2018 of Basaveshwaranagara Police Station for the offences punishable under Section 22(b) of the NDPS Act with following conditions:-
1) He shall execute a personal bond for a sum of Rs.2 lakhs (Rupees Two Lakhs) with two sureties for the likesum to the satisfaction of the trial Court.
2) He shall not indulge in similar type of activities during the pending of the case. If he again involves, the respondent are at liberty for applying for cancellation of bail.
3) He shall not leave the jurisdiction of the Court without prior permission.
4) He shall be regular in attending the trial Court proceedings.
5) He shall mark his attendance on every first of the month, till the trial is completed.
Sd/- JUDGE ag