IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF AUGUST 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6352/2017 BETWEEN:
SAHIRA W/O LATE MOHAMMED SIRAJ AGED ABOUT 26 YEARS R/AT: 2ND CROSS, POOL BAGH HOSAHALLI BYLU RAMNAGAR TOWN – 562 159. …PETITIONER (BY SRI G.MURALIDHAR, ADV.) AND:
THE STATE OF KARNATAKA BY RAMNAGAR TOWN POLICE STATION RAMANAGAR DISTRICT – 562 159 REP. BY SPP BENGALURU – 560 001. ...RESPONDENT (BY SRI CHETAN DESAI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.135/2017 OF RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 20B OF NDPS 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 petitioner is in custody in Cr.No.135/2017 registered by the respondent-police in respect of the offence under section 20-B of the NDPS Act.
3. The allegation is, on 16.7.2017, on a credible information, the Investigating Officer raided the residence of this petitioner along with the Deputy Tahsildar and his staff. The petitioner was found in possession of ganja totally weighing 1 kg. 250 gms of value Rs.1,25,000/-. There were 45 pockets of ganja which were intended to be sold. On enquiry, she revealed the name of the 2nd accused who had supplied the incriminating substance.
4. Learned counsel for the petitioner submits that the petitioner is a widow with two minor children who are to be taken care of. The incriminating substance seized is below commercial quantity. She is not an habitual offender. She is ready to abide by any condition that may be imposed on her.
5. Learned Government Pleader opposes the petition.
6. Perused the case diary. The quantitative and qualitative test report in respect of the seized incriminating substance is not yet placed on record. The due date given by the FSL, Bengaluru, for the report is January 2018. In that view of the matter, at this stage, it cannot be said that a prima facie case for an offence under Section 20-B of the NDPS Act is made out against the petitioner. Thus, there is no impediment to allow the petition.
The petition is allowed. Petitioner is enlarged on bail in Crime No.135/2017 of respondent-police, subject to the following conditions:
(i) She 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 his immovable property and his identity/Aadhar card for perusal of the Court. He must not have previous history of offering surety to the accused persons in any other criminal case so far.
(ii) She shall appear before the Investigating Officer during further course of investigation whenever called for and co- operate with the investigation.
(iii) She shall not indulge in similar activities.
Dvr:
Sd/- JUDGE