IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6067/2019 BETWEEN:
INAYATH, S/O MOHAMMED SADIQ, AGED ABOUT 25 YEARS, R/AT A.B.M. HALLI, MALLIPATTANA HOBLI, ARAKALGUDU TALUK, HASSAN DISTRICT – 573 201. (BY SRI. LETHIF B., ADVOCATE) AND:
THE STATE OF KARNATAKA, BY ARAKALGUD POLICE STATION, HASSAN DISTRICT – 573 201.
REPRESENTED BY S.P.P., HIGH COURT BUILDING, BANGALORE – 560 001.
(BY SRI HONNAPPA, HCGP) ... PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.164/2019 OF ARAKALAGUD P.S., HASSAN FOR THE OFFENCE P/U/S 8(c) AND 20(b) OF NDPS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. Petitioner is arraigned as accused No.1 in the remand application in connection with crime No.164/2019 of respondent police registered for the offence punishable under Sections 8(c) and 20(b) of NDPS Act.
3. The brief allegations against the petitioner are that, on receipt of the credible information i.e., on 02.07.2019, the respondent police have raided the house of the father of this petitioner situated at Kollangi Cross, ABM Halli village within the jurisdiction of Arakalugudu Police Station. The police found in the said house totally 23 kgs. of ganja kept in three bags. The presence of this petitioner and another person by name Noor Ahamed was only spoken to in the said complaint. But there is no allegation made in the remand application as to who actually brought that bags to the said house. Whether the father of the petitioner was also involved in the commission of such an offence and what is the role of this petitioner etc. has to be established during the course of full fledged trial. Mere presence of allegations is not sufficient to reject the bail petition. Therefore, I am of the opinion that the petitioner is also entitled to be enlarged on bail as similarly placed accused No.2 – Noor Ahamed was released by this Court in Crl.P.No.6036/2019 vide order dated 11.10.2019. Hence, the following order:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.164/2019, of Arakalgudu Police Station registered for the offence punishable under Sections 8(c) and 20(b) of NDPS Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees 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 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 15 days i.e., on any Sunday between 10.00 a.m. and 5.00 p.m., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE nvj