IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8792 OF 2018 BETWEEN:
Nagaraj S/o Mahadevappa Aged about 45 years Occ: Agriculturist R/at Nelogal Village Bhovi Colony Channagiri Taluk Davanagere District 577213. …Petitioner (By Sri. Gopalakrishna Murthy C, Advocate) AND:
State by Basavapattana P.S.
R/by SPP, High Court of Karnataka, Bengaluru-01. …Respondent (By Sri. K P Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.77/2018 of Basavapatna Police Station, Davanagere District for the offences P/U/S 8(A), (B) and 20(b) of NDPS Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is accused No.2 in Crime No.77/2018 of Basavapatna Police Station of Davanagere District. The said case is registered against the petitioner and the first accused for offences punishable under Sections 8(a), 8B, 20(b) of NDPS Act on the basis of the complaint of one Devaraj.T.V., Police Inspector of Channagiri Police Station, Davanagere.
2. The case of the prosecution in brief are as follows:-
On the basis of credible information of illegal trafficking of ganja, on 21.5.2018 at 5.45 p.m., the complainant-Police Inspector conducted raid at Bhovikeri of Nilogal Village and found the first accused possessing some packet. On following due procedure search was conducted on him and he was found possessing 130 grams of ganja. His interrogation revealed that he is cultivating ganja by the side of the house of the petitioner. When he lead the raiding squad near the house of the petitioner, they found that three ganja plants were cultivated. They seized them under mahazar and the ganja weighed 2 Kgs. 100 grams.
3. As per the complaint itself, the place where ganja was cultivated was by the side of the house of the petitioner. The prosecution does not assert that the said property belongs to the petitioner. The petitioner is implicated in the case on the basis of the voluntary statement of the first accused.
4. The incriminating material is already seized.
The quantity allegedly seized is not of commercial quantity. Further, the mahazar does not state that the plants allegedly seized were tested using the investigating kit. Under the circumstances, this is a fit case to grant anticipatory bail with suitable conditions.
5. Therefore, the petition is allowed. Petitioner is granted anticipatory bail in Crime No.77/2018 of Basavapatna Police Station, Davanagere District, subject to following conditions:
i)He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
ii)He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Court for his appearance.
iii)He shall appear before Investigating Officer/Court as and when required for the purpose of investigation/trial;
iv)He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
6. In view of the disposal of the main petition, I.A.No.1/2018 does not survive for consideration and accordingly, disposed of.
Sd/- JUDGE *alb/-