IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.8333/2018 BETWEEN:
Smt.Saraswathamma, W/o late Nanjundachar, Aged about 70 years, House wife, R/at Sogilu Village, Chatnihalli Post, Honnali Taluk, Davanagere District-577002.
(By Smt. Haleema Ameen, Advocate for Sri. Vishwajith Shetty .S, Advocate.) AND:
State of Karnataka, By Excise Inspector, Davanagere Sub-Division, Davanagere, Reptd. by State Public Prosecutor, High Court Building, Bengaluru – 560001.
…Petitioner ..Respondent.
(By Smt.Namitha Mahesh, B.G., HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of her arrest in Crime No.26/2018 of Davanagere Sub-Division, represented by Excise Inspector, Davanagere District for the offence punishable under section 8(b) and 20(A) of NDPS Act etc.
This petition coming on for orders this day, the Court made the following;
ORDER Excise Inspector, Davanagere Sub-Division, has registered Crime No.26/2018 against the petitioner and others for the offence punishable under Sections 8(b) and 20 (A) of NDPS Act.
2. It is alleged that land bearing Survey No.270 of Sogilu Village, Honnali Taluk, Davanagere District, belongs to the petitioner. On 23/08/2018 on the basis of credible information, respondent conducted a raid and found that accused No.1-Yogesh Naik, had cultivated 18 ganja plants in the said land. The same were seized under mahazar.
3. As per the C.D records, accused No.1 himself confessed before the respondent that after taking the land from the petitioner for cultivation, he has cultivated ganja plants. No animus or knowledge is attributed to the petitioner in such cultivation of ganja plants.
4. Petitioner is 70 year old woman. Incriminating material is already seized. Therefore, at this stage there is no material of willful or tacit involvement of petitioner in the crime.
The petition is allowed. Petitioner is granted anticipatory bail in Cr.No. 26/2018 of Davanagere Excise Sub-Division, Davanagere, subject to the following conditions;
i) She shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
ii) She shall execute personal bond in a sum of Rs.25,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Court for her appearance.
iii) She shall appear before Investigating Officer/Court as and when required for the purpose of investigation/trial.
iv) She shall not tamper the witnesses in any manner.
Sd/- JUDGE Msu