IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.7716 OF 2019 BETWEEN:
SRI.YAS PRASHANTH DESAI @ YASH S/O LATE PRASHANTH AGED ABOUT 24 YEARS R/AT NO.781, INFANTRY ROAD MEENAKSHI APARTMENT SHIVAJINAGARA BENGALURU-560 001 PERMANENT RESIDENT OF NO.519, SHAPURABOL MALABOL GALLI NEAR MARATHI SCHOOL BELAGAVI-590 001. … PETITIONER (BY SMT.MANJULA N.TEJASWI, ADV. FOR SRI.SURESH BABU B.N., ADV.) AND:
THE STATE OF KARNATAKA BY PARAPPANA AGRAHARA POLICE PARAPPANA AGRAHARA BENGALURU-560 100 REPRESENTED BY ITS STATION HOUSE OFFICER REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. ... RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.285/2019 OF PARAPPANA AGRAHARA P.S. BENGALURU CITY FOR THE OFFENCE P/U/S 20 (B) OF NDPS ACT, SECTION 420 AND 120B OF IPC AND SECTION 3 AND 25 OF ARMS ACT AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard learned counsel for the petitioner and learned HCGP for respondent – State. Perused the records.
2. A case has been registered against the petitioner and another in crime No.285/2019 by the Parappana Agrahara Police Station for the offence under Section 20B of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 120B of Indian Penal Code, 1860. Petitioner is arraigned as accused No.2.
3. Brief facts of the case on hand are that on 20.09.2019 respondent/police received a credible information that some persons are indulging themselves in selling narcotic drug particularly, Ganja at a place opposite to Manjunatha Spirits Bar. Immediately, police went there at about 13.55 hours and they found two persons there. Petitioner is accused No.2 and one of the person i.e., accused No.1 was holding a bag in his band and on examination-in- person by the panch witness, they found 1100 gms of Ganja in the said bag which was held by accused No.1. Out of that 50 gms of Ganja was taken as sample and remaining was seized. On the above said allegations, both accused were arrested and presently, the petitioner is in judicial custody.
4. The nature of allegations and the facts of the case disclose that there was no actual recovery at the instance of this petitioner. Even considering that accused Nos.1 and 2 were in possession of 1100 gms of Ganja, the same does not fall under the commercial quantity. There is no allegation of previous bad antecedents so far as this petitioner is concerned. Under the above said facts and circumstances, particularly, under Section 439 Cr.P.C. petitioner is entitled to be enlarged on bail as he is in judicial custody and he is no more required for further investigation. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with (Crime No.285/2019 of Parappana Agrahara Police Station) on the file of IX Addl. Chief Metropolitan Magistrate Court, Bengaluru City registered for the offence punishable under Section 20B of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 120B of Indian Penal Code, 1860 subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rs.One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
(v) The petitioner shall mark his attendance once in a week i.e., on every 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 brn