IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7451 OF 2019 BETWEEN :
1. SRI. OMKARAPPA, S/O. LATE SIDDEGOWDA, AGED ABOUT 50 YEARS, 2. SRI. MALLIKARJUNA S/O. LATE SIDDEGOWDA, AGED ABOUT 45 YEARS, BOTH ARE RESIDING AT; MACHENAHALLI VILLAGE, LAKYA HOBLI, CHIKKAMANGALURU TALUK, CHIKKAMANGALURU-577 146.
(BY SRI: C.R. GOPALASWAMY, ADV.,) AND :
EXCISE INSPECTOR CHIKKAMANGALURU RANGE, CHIKKAMANGALURU DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
... PETITIONERS ... RESPONDENT (BY SRI: ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.10/19 OF CHIKKAMAGALURU SUB DIVISION P.S. CHIKKAMAGALURU FOR THE OFFENCE P/U/S 13(1) (b) OF KARNATAKA EXCISE ACT AND SECTION 20(i),20(a),8(b) OF NDPS ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. The petitioners are arraigned as Accused Nos.1 and 2 in Crime No.10/2019 for the offence punishable under Sections 13(1) (b) Of Karnataka Excise Act and Section 20(i), 20(a), 8(b) of NDPS Act.
3. The brief facts of the case are that the respondent-police on receipt of credible information, on 09.09.2019, had been to the village by name Machenahalli, Chikkamagaluru District, and found that all the accused persons have grown six ganja plants totally weighing 17.350 kgs and in fact all the said ganja plants were removed and seized by the police and arrested the accused persons. Even considering the totality of the entire ganja plants, it will not fall within the commercial quantity. Whether those ganja plants were grown by the accused or naturally they were grown due to natural vegetation has to be decided during the course of trial.
4. Considering the quantity of ganja plants seized is less than the commercial quantity, Section 37 of the NDPS Act is not attracted. As the petitioners were already arrested and they were sent to judicial custody which indicates that they are no more required for any further investigation.
5. Under the above said facts and circumstances, the petitioners are entitled to be enlarged on bail under Section 439 of Cr.P.C. Hence, I pass the following :
O R D E R The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.10/2019 of Chikkamagaluru Police Station for the offence punishable under Sections 13(1) (b) Of Karnataka Excise Act and Section 20(i), 20(a), 8(b) of NDPS Act, subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety each for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
(v) The petitioners shall mark their attendance once in fifteen days on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Snc