IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4515/2019 BETWEEN:
Ramesh S/o Koorappa Age: 42 years R/at Lalbagh Dasarahalli village Hosakote Taluk Bengaluru Rural District-562 114 (By Sri A.G.Bopaiah, Advocate) AND:
The State of Karnataka by Hosakote Police Station Represented by the Public Prosecutor High Court of Karnataka Bengaluru – 560 001 (By Sri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.182/2019 of Hosakote Police Station, Bengaluru District for the offence punishable under Section 20(b) of N.D.P.S.Act and Section 3, 25 and 27 of Indian Arms Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.1. It is alleged that the respondent police on 24.05.2019 after receipt of credible information went to the house of accused No.2 Muniraju, situated at Lalbagh Dasarahalli village, Kasaba Hobli, Hosakote Taluk and found 1.00kg Ganja in the house and the same was seized. It appears from the voluntary statement of the accused it was revealed that this petitioner has actually supplied a Gun as well as said Ganja to accused No.2. At this stage, except on the basis of the voluntary statement of accused No.2 there is nothing on record. Therefore, under the above said facts and circumstances, when accused No.2 has already been released on bail by this Court in Crl.P.No.4516/2019 vide order dated 05.09.2019, the petitioner is also entitled to be enlarged on bail with stringent conditions. Hence the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.182/2019 of Hosakote Police Station, Bengaluru District for the alleged offences subject to the following conditions:-
i. The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii. The petitioner shall not indulge in hampering the investigation and tampering the prosecution witnesses.
iii. The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv. The petitioner shall not leave the jurisdiction without prior permission of the I.O., till the charge sheet is filed or for a period of three months whichever is earlier.
v. The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 p.m., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Kmv/-
Sd/- JUDGE