IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.567/2019 BETWEEN:
Sri. Pratheek Shetty, S/o. Chandrashekar, Aged about 29 years, Residing at No.14/2, 1st Cross, H.A.L 3rd Stage, New Thippasandra, Bengaluru.
Also at:
No.103, Evergreen Enclave, Bijai New Road, Mangalore, Dhakshina Kannada. ... Petitioner (By Sri.Suresh Babu.B.N, Adv.,) AND:
1. The State of Karnataka, By Banswadi Police, Banaswadi, Bengaluru.
2. The State of Karnataka, By Central Crime Branch, (W and N Squad), Chamaraj Pet, Bengaluru 560 018.
Respondent Nos.1 and 2 are Represented by The Karnataka State Public Prosecutor, High Court of Karnataka, Bengaluru. ... Respondents (By Smt.Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed u/s.439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.588/2018 of Banasawadi Police Station, Bengaluru City for the offence p/u/s 21(b), 21(c) and 22(c) of N.D.P.S Act and u/s 14 of Foreigners Act 1946.
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 No.3 under Section 439 of Cr.P.C., seeking his release on bail in Crime No.588/2018 of Banaswadi Police Station for the offences punishable under Sections 21(b), 21(c) and 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 14 of the Foreigners Act, 1946.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 02.11.2018 at 7.00 p.m., the complainant received credible information that some persons near Banasawadi, behind Jyothi High School, are having drugs in their bags. The said information has been informed to the Superior officers and the complainant secured panchas and staff members and went to the spot at 10.45 p.m. There, she noticed two Africans and one local person, who were holding cloth bags and were trying to leave the place. Immediately, they surrounded and apprehended them. On personal search, they found 750 grams of cocaine from accused No.1, 450 grams of cocaine from accused No.2 and 90 grams of cocaine from accused No.3 and also seized 1930 ecstasy tablets, Toyota Corolla Car, Honda Activa, mobile phones, plastic covers, cash of Rs.6,000/- and passport. Thereafter, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner/accused No.3 is innocent and he is not involved in the said case. Further it is submitted that the quantity of the cocaine, which has been sized is a non-commercial quantity and there is no bad antecedents against the petitioner/accused No.3. Under the similar facts and circumstance, the Hon’ble Apex Court in the case of PRASAD @ BIRBAL PRASAD SAH @ BIRBAL PRASAD SAO @ BIRBAL SAH v. THE STATE OF BIHAR reported in 2018 SAR (Criminal) 330, has released the petitioner on bail by imposing some conditions. It is further submitted that the investigation has already been completed and further it is submitted that the petitioner/accused No.3 is not required for the purpose of further investigation or interrogation. The petitioner/accused No.3 is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that accused No.3 along with accused Nos.1 and 2 were dealing with contraband goods in all, 1.9 grams of cocaine has been seized. He is a habitual offenders and a drug pedlars. If the petition is allowed and the petitioner is released on bail, again they may indulge in similar type of criminal activities. It is further submitted that the statement of the accused persons clearly go to show that the petitioner/accused No.3 is involved in the alleged crime. She further submits that if the petitioner/accused No.3 is released on bail, he may not be available for trial and he may abscond. 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. As could be seen from the records and the seizure mahazar drawn in the case about 740 grams of cocaine has been sized from the possession of accused No.1-Faith Chuks, about 450 grams of cocaine has been seized from accused No.2-Kante Henry and about 90 grams of cocaine has been seized from accused No.3- Pratheek Shetty. On going through the said documents and contents of the compliant, it indicates the fact that the cocaine, which has been sized from the possession of accused No.3 is a non-commercial quantity and even no records have been produced by the State to show that the petitioner/accused No.3 has involved in any other case and he is a habitual offender. The Hon’ble Apex Court in the case of BIRBAL PRASAD @ BIRBAL PRASAD SAH @ BIRBAL PRASAD SAO @ BIRBAL SAH’s case quoted (supra) therein, it has been observed that the quantity involved in the case is only 14 Kgs of Ganja, which is a non-commercial quantity. Appellant is not involved in any other case. As such, the bail has been granted and the learned High Court Government Pleader also fairly submitted that the petitioner/accused No.3 is not involved in any other case. Under the said facts and circumstances, 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 bail in Crime No.588/2018 of Banaswadi Police Station for the offences punishable under Sections 21(b), 21(c) and 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 14 of the Foreigners Act, 1946 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 trial Court.
2. He shall mark his attendance once in a month i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the trial is concluded.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. He shall regularly appear before the Court for trial.
5. He shall not involve in similar type of criminal activities.
VBS Sd/- JUDGE