IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7944 OF 2019 BETWEEN:
MALLESHA, S/O. GULLESHETTY, AGED ABOUT 51 EYARS, R/AT PUSHPAPURA VILLAGE, KOLLEGALA TALUK-571440, CHAMARAJNAGAR DISTRICT.
(BY SRI. MURTHY D. NAIK, ADVOCATE) AND:
THE STATE OF KARNATAKA REPRESENTED BY KONANAKUNTE POLICE, BENGALURU REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001.
(BY SRI. HONNAPPA, HCGP) ******* ..PETITIONER ..RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.NO.55/2018 OF KONANAKUNTE POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(C) OF NDPS ACT 1985.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State. Perused the records.
2. The XXXIII Addl. City Civil & Sessions Judge & Special Judge (NDPS), Bengaluru, by order dated 28.04.2018, has granted anticipatory bail to the petitioners including the petitioner herein in Crl.Misc.No.3181/2018 for the offence punishable under section 20(C) of NDPS Act in Crime No.55/2018 of Konanakunte Police Station, imposing four conditions. The first condition is as under:-
“(i) Petitioners shall appear before the I.O., within 15 days and furnish the surety.
3. As the petitioner (accused No.7) could not appear before the I.O., within 15 days, he filed Crl.Misc.No.6348/2018 before the XXXIII Addl. City Civil & Sessions Judge & Spl. Judge (NDPS), Bengaluru, seeking for extension of time to appear before the I.O., explaining his problem and by order dated 10.08.2018, the said application was rejected. Hence, the petitioner is before this Court.
4. Considering the grounds urged in the petition and also submission of the petitioner before the Trial Court that he could not appear before the I.O., due to some inconvenience and that he would promptly appear before the I.O., by another 15 days, the prayer of the petitioner was not considered by the Trial Court. When substantial relief of bail has been granted, the Trial Court ought to have extended the time. Therefore, in my opinion, the petitioner is entitled for the said relief. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner (A7) – Sri.Mallesha shall be released on bail in the event of his arrest in connection with Crime No.55/2018 of Konanakunte Police Station, for the alleged offence.
The condition No.(i) as noted above is modified and from the date of receipt of a copy of this order, the petitioner shall appear before the I.O., within 15 days and furnish the surety as ordered by the Trial Court.
The order dated 28.04.2018 passed by the Trial Court in Crl.Misc.No.3181/2018, regarding execution of personal bond and imposing of other condition Nos.(ii) to (iv), is to be adhered to by the petitioner herein.
Sd/- JUDGE Bss.