IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7414/2018 BETWEEN:
SRI. ADINARAYANAPPA S/O. NARASIMHAPPA AGED 42 YEARS R/O. SHETTIGERE VILLAGE SADALI HOBLI TALUK: SHIDLAGHATTA CHIKKABALLAPUR DISTRICT-562 101. ... PETITIONER (BY SRI. VEERANNA G. TIGADI, ADV.) AND:
STATE OF KARNATAKA REP. BY INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE CHIKKABALLAPUR REP. BY STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA BENGALURU-560 001. ... RESPONDENT (BY SRI. NASRULLA KHAN, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.2/2017 OF CHIKKABALLAPURA CEN CRIMES POLICE STATION, CHIKKABALLAPURA DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(b) OF THE NDPS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Apprehending his arrest in Crime No.2/2017 of Chikkaballapura CEN Crimes Police Station, Chikkaballapura District, the petitioner has sought for an order of anticipatory bail under Section 438 of Cr.P.C.
2. The respondent-police have registered a case against accused Nos.1, 2 and 3 under Section 20(b) of the Narcotic Drugs and Phychotropic Substances Act, 1985. Accused Nos.1 and 2 were caught red handed while selling 220 grams of ganja of the value of Rs.8,000/-. On the basis of the statement of accused Nos.1 and 2, accused No.3 was arrested and is implicated in the F.I.R. However, the apprehension of the petitioner is that accused No.3 in his confession statement has divulged the name of the present petitioner as the person who was selling the ganja to him and there is imminent threat of his arrest.
3. The respondent-State has not filed any written statement opposing the petition. However, learned HCGP has orally opposed the petition.
4. The offence was registered on 29.9.2017. Even though accused Nos.1 and 2 were taken into custody, no charge sheet appears to have been laid so far. Accused No.3 was arrested on 30.9.2017 and the particulars of the present petitioner were divulged by A-3 on 30.09.2017. Even then so far no efforts are made by the Investigating agency to recover any counterband substance from the possession of the petitioner or at his instance. Having regard to the nature of the allegations made against the petitioner, I am of the view that the petitioner could be admitted to anticipatory bail subject to conditions.
5. Hence, the following:
ORDER Criminal petition is allowed. The petitioner is directed to appear before the Investigating Officer within 15 days from the date of this order and on his appearance, the Investigating Officer shall interrogate the petitioner and shall enlarge him on bail on the same day subject to the following conditions:-
a. The petitioner shall furnish a bond in a sum of Rs.1.00 lakh(Rupees One lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer;
b. The petitioner shall appear before the Investigating Officer as and when required;
c. The petitioner shall not threaten or allure the prosecution witnesses; and d. The petitioner shall mark his attendance in Chikkaballapura CEN Crimes Police Station, Chikkaballapura District,on the 15th of every calendar month until submission of the final report.
e. The petitioner shall mark his attendance in Chikkaballapura Cen Crimes Police Station, Chikkaballapura District,on the 15th of every calendar month until submission of the final report.
In the event it transpires that any recovery has to be effected at the instance of the petitioner, the Investigating Officer is at liberty to move for necessary orders from the jurisdictional Court.
Sd/- JUDGE *alb/-.