IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE Mrs. JUSTICE RATHNAKALA CRIMINAL PETITION No.4786/2017 BETWEEN:
1. SATHISH NAIK, S/O. LATE KRISHNA NAIK, AGED ABOUT 26 YEARS, OCC: AGRICULTURIST 2. HARISH NAIK, S/O. KRISHNA NAIK, AGED ABOUT 25 YEARS, OCC: AGRICULTURIST 3. ANCHINAIK, S/O. CHIMNA NAIK, AGED ABOUT 35 YEARS, OCC: AGRICULTURIST ALL ARE R/O MELINA KUCHENAHALLI – 577418, SHIVAMOGGA DISTRICT.
...PETITIONERS (BY SRI PRASAD B.S., ADV.) AND:
THE STATE OF KARNATAKA BY RURAL POLICE STATION, SHIVAMOGGA, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001.
(BY SRI S. VISHWAMURTHY, HCGP) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.102/2017 OF SHIMOGA RURAL P.S., SHIVAMOGGA, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 20(b)(ii)(A), 8(c) of NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Sri.Prasad B.S., learned counsel for the petitioners and Sri.S.Vishwamurthy, learned High Court Government Pleader for respondent/State.
2. The petitioners apprehend arrest by the respondent-Police in their Crime No.102/2017 registered for the offence punishable under Sections 20(b)(ii)(A), 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The allegation is, the accused had grown 26 Ganja plants in the land bearing Sy.No.60/69.
4. Sri Prasad B.S., learned counsel for the petitioners submits that petitioner No.3 is a member of Mandal Panchayat and petitioners No.1 and 2 are his supporters. Due to political rivalry, they have been falsely implicated in this case.
5. Sri S.Vishwamurthy, learned HCGP opposes the petition and submits that petitioner No.3 is the owner of the land and from the said land the Ganja plants have been seized. However, on a perusal of the RTC extracts produced by the learned HCGP, it pertains to 06 acres 35 guntas of land in Sy.No.60/P2. The petitioners disown the land in which the Ganja plants are seized under Mahazar.
Accordingly, the petition is allowed. Petitioners are granted anticipatory bail in Crime No.102/2017 of respondent-police, subject to the following conditions:
i. They shall appear before the respondent-Investigating Officer forthwith. In that event, the Investigating Officer is at liberty to interrogate them.
ii. In the event of their arrest, they shall be released on bail on each of them executing a self bond for a sum of `50,000/- (Rupees fifty thousand only) with one surety for the like sum to the satisfaction of the Investigating Officer.
iii. They shall co-operate with the I.O. during further course of investigation.
Sd/- JUDGE TL CT: PN