IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN BETWEEN:
CRIMINAL PETITION No.2572/2019 1. SRI.PARASHURAMA, S/O LATE BALAJI, AGED ABOUT 29 YEARS, R/O NEAR EVEREST SCHOOL, HEGGERE VILLAGE, KASABA HOBLI, TUMAKURU – 572 103.
2. SRI.NARASIMHARAJU, S/O NAGARAJU, AGED ABOUT 25 YEARS, R/O AGALAKOTE, BEHIND SSMC COLLEGE, TUMAKURU – 572 103.
(BY SRI.T.PRAKASH, ADV.) AND:
STATE BY TUMAKURU RURAL POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDINGS, BANGALORE – 560 001.
(BY SRI.I.S.PRAMOD CHANDRA, SPP-II) ...PETITIONERS ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.47/2019 OF TUMKURU RURAL P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/S 20(b)(1) OF NDPS ACT AND SEC.25 ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition is filed by the petitioners-accused Nos.1 and 2 under Section 439 of Cr.P.C. to enlarge them on bail in Crime No.47/2019 registered by the Tumkuru Rural Police Station for the offences punishable under Section 20(B)(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 25 of Arms Act, 1959.
2. The allegations against these petitioners- accused Nos.1 and 2 are that when the complainant- Police Inspector, on the credible information on 16.03.2019 at 8.00 p.m. went near Shree Siddartha Dental College and there he found Maruthi Van bearing Reg.No.KA-05-MS-4494, wherein petitioners-accused were sitting in the Maruthi van and when they inspected the Maruthi Van they found 115 grams of ganja which was in plastic cover and a foldable dagger inside the car. The same was seized by the Police Inspector in the presence of Panchas and petitioners were arrested and produced before the Court and remanded to Judicial Custody. Hence this petition.
3. Learned counsel for the petitioners submits that petitioners-accused Nos.1 and 2 are innocent of alleged offence and they were falsely implicated in the said case the mandatory Sections 42 and 50 of the NDPS, Act were not complied by the Police Inspector. Petitioners-accused Nos.1 and 2 were not brought before Gazetted Officer. Even otherwise, the quantity of ganja is only 115 grams which is smaller in quantity. The alleged offences are triable by Magistrate Court. In similar identical case, this Court granted bail in Crl.P.No.6754/2017 to the accused person where 60 Kgs of ganja was seized. Hence, he prays to allow the petition.
4. Per contra, learned SPP-II, appearing for the respondent-State objects the bail petition on the ground that there is no question of compliance of madatory Sections 42 and 50 of the NDPS Act as required. Ganja was seized in Maruthi Van but not from the possession of the petitioners-accused Nos.1 and 2. The Police Inspector conducted the panchanama in the presence of panchas. Prima facie materials are placed to show that petitioners-accused Nos.1 and 2 are guilty for the commission of the offence. The case is still at the investigation stage. Hence, he sought to dismiss this petition.
5. Upon hearing of the arguments of learned counsel appearing for the petitioners and learned SPP-II appearing for the respondent-State and perusal of the records, it shows that police have searched the Maruthi van and seized 115 grams of ganja near Shree Siddartha Dental College. However, panchanama is not produced before the Court, to show whether the Gazatted Officer/Tahasildar was also accompanied the Police Inspector along with the panchas or not. Be that as it may, the alleged offences is not punishable with death or imprisonment for life. Quantity of ganja seized is very smaller quantity of 115 grams. Recovery is already made by the Investigating Officer. Merely investigation is pending and the charge sheet is not yet filed. It is not a ground to reject the bail petition. There is no criminal antecedents shown against these petitioners-accused Nos.1 and 2 to show that they are not involved in any other cases. They are permanent residents of the address and ready to abide by any conditions that may be imposed by the Court. If petitioners are enlarged on bail, no prejudice would be caused to the prosecution case. As such, petition deserves to be allowed.
Accordingly, criminal petition is allowed.
The petitioners-accused Nos.1 and 2 are ordered to be released on bail, in Crime No.47/2019 of Tumakuru Town Police Station for the offences punishable under Section 20(B)(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 25 of Arms Act, 1959 subject to the following conditions:-
(i) Petitioners-accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with a surety for the likesum to the satisfaction of the trial Court;
(ii) Petitioners shall not indulge in similar offences strictly;
(iii) Petitioners shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioners shall mark their attendance before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every Monday for a period of six months or till the filing of charge sheet before the Court whichever is earlier.
SD/- JUDGE HR