IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9607/2018 BETWEEN:
Salam S/o Hamad Bava, Aged about 31 years, R/at Neneuey House, Chennaiey Ththodi, Bantwal Taluk, D.K.District-575 103. ...Petitioner (By Sri B. Lethif, Advocate) AND:
The State of Karnataka By Bajpe Police Station, D.K.District-575 103.
Rept. by SPP, High Court Building, Bengaluru-560 001. ... Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.234/2018 of Bajpe Police Station, Mangaluru City for the offence punishable under Sections 8(c), 20(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 the petitioner-accused No.4 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.234/2018 of Bajpe Police Station, Mangaluru City for the offences punishable under Sections 8(c), 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 13.08.2018, the respondent-Police received a credible information that near Gurupura Kaikamba junction, in a shop by name Fashionate, the owner of the said shop was selling ganja. Immediately, the complainant along with his staff visited the spot and enquired with a salesman of the said shop and there they revealed that they were not possessing any such substances and informed that the Gazette Officer can search the body of the accused, but nothing was found. Thereafter, a plastic cover was noticed inside the shop and found 1kg 140 grams of ganja in the said plastic cover and the same was seized by following the procedure. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner-accused No.4 is innocent and he has not committed any offence. He further submitted that only on the basis of voluntary statement given by accused No.3, the petitioner-accused No.4 has been arrayed as the accused in the case. He further submitted that it is accused No.3, who conspired with the petitioner-accused No.4 to place the ganja in the shop of accused Nos.1 and 2 and the present petitioner has been falsely implicated in the said case. The ganja was recovered at the instance of accused Nos.1 and 2. He further submitted that the learned Principal District and Sessions Judge, D.K., Mangaluru has released accused Nos.1 and 2 on bail, on the ground of parity, the present petitioner-accused No.4 is also entitled to be released on bail. There are no criminal antecedents as against the petitioner-accused No.4 and he is ready to abide by any conditions that may be imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.4 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused No.4 is involved in the alleged crime and it is the present petitioner, who gave the said ganja to accused Nos.1 and 2. The voluntary statement given by accused No.3 clearly goes to show that he has conspired with accused Nos.1 and 2 and he is having a link with the drug peddler. If the petitioner is enlarged on bail, he may involve in similar type of criminal activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf and the submissions made by learned counsel for both the parties.
7. The records which have been produced along with the petition disclose that accused Nos.1 and 2 have been released on bail. The only allegation which has been made as against the petitioner-accused No.4 is that accused No.3 has given a voluntary statement and in the said statement he has revealed that he purchased the said ganja from the petitioner-accused No.4.
Whether the petitioner-accused No.4 is involved in the alleged offence is the matter that has to be considered and appreciated only at the time of trial. No recovery has been made at the instance of the petitioner-accused No.4. The ganja which has been recovered weighs about 1kg 140 grams, which is less than the commercial quantity. Accused Nos.1 and 2 are already released on bail and no incriminating material is placed on record to show that the petitioner-accused No.4 is having any criminal antecedents.
Keeping in view the above facts and circumstances of the case, criminal petition is allowed. Petitioner- accused No.4 is ordered to be enlarged on bail in the event of his arrest in Crime No. 234/2018 of Bajpe Police Station, Mangaluru City for the offences punishable under Sections 8(c), 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:
1. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner directly or indirectly.
4. He shall mark his attendance on the first date of every month between 10.00 a.m., to 5.00 p.m., before the concerned Police Station till the trial is concluded.
5. He shall be regular in attending the Court.
6. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE RB