IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.1570/2019 BETWEEN :
Sri Rakesh @ Rakesh Roy S/o Nepal @ Nepal Roy Aged about 20 years No.4/255, Balapur (V) Ranga Reddy District Andhra Pradesh-500 005.
Telangana State (By Sri M.R.Nanjunda Gowda, Advocate) AND :
The State of Karnataka by Gulpet Police Station Represented by State Public Prosecutor High Court Buildings Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.118/2018 of Gulpet Police Station, Kolar, for the offence punishable under Section 20(a)(b) of NDPS Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R This present petition is filed by accused No.9 (accused No.5 in the charge sheet) under Section 439 of Cr.P.C. praying to release him on bail in Crime No.118/2018 of Gulpet Police Station , now pending on the file of the principal District and Sessions Judge, Kolar for the offence punishable under Section 20(a)(b) of NDPS Act.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that the police received credible information on 6.10.2018 at about 1.45 a.m. about transporting ganja. Immediately the complainant went in a jeep along with his staff and at that time, a lorry reached the spot at about 6.30 p.m, they made an attempt to stop the said lorry, but the driver of the said lorry did not stop and went towards R. G. Extension and stopped the vehicle. The driver and three other persons ran away from the spot, but however, one person was caught hold of. The lorry and ganja were seized i.e., 96 packets of ganja in 10 bags and hence, the case has been registered.
4. It is the submission of the learned counsel for the petitioner-accused No.9 (accused No.5 in the charge sheet) that the petitioner is innocent and he has not been involved in the said offence. His name has been subsequently included on the basis of the voluntary statement of accused No.3. He further submitted that no recovery has been made at the instance of the petitioner. The only allegation against him is that the said lorry which was driven by accused No.5 (accused No.3 in the charge sheet) has been stopped in front of the house and he loaded the said load into the lorry. He further submitted that no other bad antecedents are there as against the petitioner. He further submitted that the mandatory provisions of the NDPS Act have not been complied with and the alleged offences are not punishable with death or imprisonment for life. Petitioner is ready to abide by the conditions imposed by this Court and ready to offer sureties. He further submitted that already accused No.5 (accused No.3 in the charge sheet) has been released on bail and on the ground of parity, the petitioner is entitled to be released on bail. On these grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that the voluntary statement of accused Nos.2 and 3 clearly goes to show the involvement of the petitioner in the alleged crime. It is the petitioner who used to load and bring ganja and the said ganja which has been seized is more than the commercial quantity. There is a bar under Section 37 of the NDPS Act to release the petitioner on bail. She further submitted that if the petitioner is released on bail, he may involve in similar type of activities, may abscond and may not be available for trial. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. As could be seen from the complaint and charge sheet material, before filing of the charge sheet, name of the petitioner was not found. Subsequently, the petitioner has been shown as accused No.5 has he been included only on the voluntary statement of accused Nos.2 and 3. The only allegation as against the petitioner is that he has loaded the said ganja in the lorry. No recoveries have been made at the instance of the petitioner. Already accused No.5 (accused No.3 in the charge sheet) has been released on bail by this Court in Criminal Petition No.9213/2018, disposed of on 6.2.2019, even on the ground of parity, the petitioner is also entitled to be released on bail.
In the light of the discussion held by me above, the petition is allowed. Petitioner-accused No.9 (accused No.5 in charge sheet), namely Rakesh @ Rakesh Roy is ordered to be released on bail in Crime No.118/2018 of Gulpet Police Station, now pending on the file of the principal District and Sessions Judge, Kolar for the offence punishable under Section 20(a)(b) of NDPS Act, subject to following conditions:-
i) The petitioner herein namely Rakesh @ Rakesh Roy shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not indulge in similar type of criminal activities.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall not leave the jurisdiction of the trial Court without prior permission.
v) He shall mark his attendance once in a month between 10.00 a.m. and 5.00 p.m. before the jurisdictional police till trial is concluded.
Sd/- JUDGE *ck/-