IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.8848/2018 Between:
Sri. Puttalingegowda, Son of Late Channegowda, Aged about 60 years, R/at Maluru Pattna Village, Kasaba Hobli, Channapatna Taluk, Ramanagara District – 57150.
(Now in judicial custody) …Petitioner (By Sri. A.V. Ramakrishna, Advocate) And:
The State by Akkur Police Station, Channapatna Taluk, Ramanagara District, Rep. by State Public Prosecutor High Court of Karnataka High Court Building, Bengaluru - 560 001. …Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure praying to enlarge the petitioner on bail in Crime No.120/2018 of Akkur Police Station, Ramanagara for the offence punishable under Section 20(A) of NDPS Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking bail in Crime.No.120/2018 registered at Akkur police station of Channapatna Taluk for the offence punishable under Section 20(A) of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The case of the prosecution is that on 20.09.2018 at about 2.00 p.m, the Inspector of C.E.N. police station, Ramanagara submitted a report to the respondent-Police stating that, he received a credible information that one Puttalingegowda @ E.Raju son of Late Channegowda, resident of Maluru Pattana has grown ganja plants in Sy.No.107/1 situated at Malagalu Village, Virupakshapura Hobli, Channapatna Taluk for selling the same to the public. After registering the case against the accused/petitioner, raid was conducted and the petitioner was apprehended and the ganja plants were seized.
4. The learned counsel for the petitioner would submit that the petitioner is not the owner of the land in question. Though the Mahazar was conducted on the same day, however, the same was sent to the jurisdictional Court after a considerable delay. He further submitted that the investigation is completed and the charge sheet has been filed and the petitioner is in judicial custody since the date of his arrest. Accordingly, he seeks to allow the petition.
5. Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that about 40-50 ganja plants have been seized and there is a prima-facie case against the accused/petitioner and in view of the nature of offence committed by him, he is not entitled for grant of bail.
6. According to the learned counsel for the petitioner, the petitioner is not the owner of the land in question and there is a delay in sending the Mahazar with regard to seizure of ganja plants to the jurisdictional Court. It is stated that about 40-50 ganja plants totally weighing 9 kgs 200 gms have been seized.
100 gms of the same has been sent for chemical examination. Investigation has been completed and the charge sheet has been filed. The petitioner is not required for any further investigation. In that view of the matter, I am of the view that the petitioner may be enlarged on bail subject to the following conditions:
Accordingly, I pass the following order:
1. The petition is allowed;
2. The petitioner shall be released on bail subject to executing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the committal/trial Court;
3. The petitioner shall not tamper with the prosecution witnesses in any manner; and 4. The petitioner shall appear regularly before the trial Court.
Sd/- JUDGE DS