IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9417/2018 BETWEEN:
Sri. Gopalaiah S/o. Chikkanna, Aged about 45 Years, Residing at: Belaguli Halehatti Village, Handankere Hobli, Chikkanayakanahalli Taluk, Tumkur District-572119 ... Petitioner (By Sri. N.P.Kallesh Gowda, Advocate) AND:
State of Karnataka By Handanakere Police, Tumkur District, Represented by the Public Prosecutor, High Court Building, Bangalore-560001. ... Respondent (By Sri. M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.96/2018 registered by Handanakere Police Station, Tumakuru for the offences punishable under Sections 8(b) and 20A of N.D.P.S.Act.
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 under Section 439 of Cr.P.C. to release him on bail in Crime No.96/2018 of Handanakere Police Station, Tumakuru for the offences punishable under Sections 8(b), 20A of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for brevity).
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 24.10.2018 at about 10:30 p.m., the complainant receives a credible information that the accused- petitioner has grown ganja plants in his land bearing Sy.No.158 and immediately, along with the panch witness went and searched the said place. During the course of the search, they found 10 saplings of ganja, the same were seized by drawing the mahazar and a complaint has been registered.
4. It is the submission of the learned counsel for the petitioner that earlier, the complaint was registered stating that said ganja has been grown in Sy.No. 158 but subsequently, they have changed their version and come up with a case that the said ganja has been grown in the Government land. He further submitted that already charge sheet has been filed and as per the case of the prosecution, the total quantity of ganja which has been seized is 4 kgs 340 grams, which is less than the commercial quantity. Learned counsel further submitted that the petitioner-accused is ready to abide by the conditions 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 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused-petitioner has grown 10 saplings of ganja in his land and it has been seized and recovered at the instance of the accused. He further submitted that the accused is a habitual offender and is involved in many cases. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. The contents of the complaint and other material discloses that on credible information, the Police went to the land of the accused and there they found 10 ganja saplings and the same were seized by drawing the mahazar. The total quantity of the ganja which has been seized is 4 kgs 340 grams, which is less than the commercial quantity and as such, the provisions of Section 37 of NDPS Act will also not come in the way to release the accused-petitioner on bail. The charge sheet has been already filed and the alleged offence is not punishable with death or imprisonment for life.
In that light, Criminal Petition is allowed. The petitioner-accused is ordered to be released on bail in Crime No.96/2018 of Handanakere Police Station for the offences punishable under Sections 8(b), 20A of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:.
1. Petitioner/accused No.9 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 trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall not indulge in similar type of criminal activities. If he again involves, the trial Court is at liberty to cancel the bail.
Sd/- JUDGE RB