IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6857/2018 BETWEEN:
Shaik Saleem Basha S/o S. Shafiulla, Aged about 42 years, R/at 25-79, Kakatopu, Palamaner Chittor, Andhra Pradesh-517 408. ... Petitioner (By Sri B. Lethif, Adv.,) AND:
The State By Konaje Police Station, Rept. by Learned Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Smt.Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed u/s.438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.129/2017 of Konaje Police Station, Mangaluru for the offences P/U/S 8(C), 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused No.3 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.129/2017 of Konaje Police Station for the offences punishable under Sections 8(c) and 20(b)(ii)(C) 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. Gist of the complaint is that on 27.05.2017 at about 8.15 p.m., when the complainant were on patrolling duty, based on the credible information, they stopped a Maruthi 800 car bearing Registration No.KA- 01-MC-52 and there, they found two bags, one blue in colour and another black in colour on the back seat of the car and also found a plastic bag with ganja. When the police have asked about the permission or license, the persons traveling in the car did not possess any license to carry the same. They immediately took the said car with ganja weighing 12 kg 700 grams. A case has been registered.
4. It is the submission of the learned counsel for petitioner that already accused Nos.1 and 2 have been released on bail by the trial Court. The petitioner/accused No.3 is also entitled to be released on bail on the ground of parity. It is further submitted that the seized article is 12 kg 700 grams of ganja. The said quantity is not a commercial quantity. Further it is submitted that the petitioner/accused No.3 was not present at the place of the alleged incident. Only on the basis of voluntary statements given by accused Nos.1 and 2, accused No.3, has been included as accused No.3. It is further submitted that the petitioner/accused No.3 was in judicial custody earlier in Crime No.9/2018 and he has not been taken to the custody though a case has been registered against him. It is further submitted that the only allegation which has been made as against the petitioner/accused No.3 is that accused Nos.1 and 2 have purchased the said ganja from the petitioner/accused No.3. The alleged offences are not punishable with death or imprisonment for life. He is ready to abide by the conditions imposed on him by this Court and ready to offer the surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.3 on anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.3 is the mainpin, who used to sell the ganja to various persons and accused Nos.1 and 2 in their voluntary statements clearly deposed that it is accused No.3, who has sold the said ganja. There is a presumptive value to the voluntary statements of accused Nos.1 and 2. Under the said facts and circumstance, the act of accused No.3 get connects to the alleged crime. She further submitted that the petitioner/accused No.3 was not available for the purpose of investigation or interrogation. If he is released on bail, he may abscond and may not be available for trial. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint and other materials, it indicate that it is accused Nos.1 and 2, when they were traveling in the car bearing Registration No.KA-01-MC-52, the same was intercepted. Thereafter, a search has been conducted and found ganja weighing 12 kg 700 grams. The said ganja is not a commercial quantity. Be that as it may. It is observed from the order of the trial Court that accused Nos.1 and 2 have already been released on regular bail on 19.08.2017. When already accused Nos.1 and 2, who have been apprehended, have been released on bail, only on the basis of the voluntary statements of accused Nos.1 and 2, the present petitioner has been included as accused No.3. Under the said facts and circumstance, I feel that by imposing some stringent conditions, if the petitioner/accused No.3 is ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above, petition is allowed and the petitioner/accused No.3 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.129/2017 of Konaje Police Station for the offences punishable under Sections 8(c) and 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 subject to the following conditions:
1. Petitioner/accused No.3 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 either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission 5. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
6. He shall not indulge in similar type of criminal activities.
VBS Sd/- JUDGE