IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRL. P. NO.9295/2017 BETWEEN SRI. AMEER @ AMEER HUSSAIN S/O MOHAMMED, MAJOR, R/AT PARLIYA, KAIKAMBA, B C ROAD, BANTWALA TALUK-574211. ... PETITIONER (BY SMT. HALEEMA AMEEN, ADV. A/W SRI. VISHWAJITH SHETYY, ADV.) AND STATE OF KARNATAKA BY POLICE INSPECTOR MANGALURU NORTH POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001. ... RESPONDENT (BY SRI. CHETAN DESAI, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.343/2015 (SPL.C.C.NO.171/2016) OF MANGALORE NORTH POLICE STATION, MANGALURU CITY FOR THE OFFENCES P/U/S 8(C),20(B),11(B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT, 1985.
THIS CRL.P COMING ON FOR ‘ORDERS’, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER This is the petition filed by the petitioner-accused under Section 439 of the Criminal Procedure Code seeking to release him on bail for the alleged offences punishable under Section 20(B) (II) (b) and also under Section 8C of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered in respondent’s police station in Crime No.343/2015.
2. Heard the arguments of the learned counsel for the petitioner and also the learned High Court Government Pleader for the respondent-State.
3. Learned Counsel for the petitioner made a submission that earlier the petitioner was granted with a bail by the JMFC-II under Section 437 of the Criminal Procedure Code but, subsequently as he remained absent, non-bailable warrant was issued to him. He was again taken into custody. Hence, the learned counsel submitted that by imposing reasonable condition/s, the petitioner may be admitted to regular bail.
4. The learned High Court Government Pleader opposed the petition on the ground that the petitioner was not ready to appear before the court even though he was granted bail. Hence, he submitted to reject the bail petition.
5. I have perused the grounds urged in the bail petition, FIR, charge sheet and also other materials produced in the case.
6. It is admitted fact that the petitioner was granted with bail by the JMFC-II Court on merits, but, when the petitioner as remained absent, non-bailable warrant was issued and he was taken into custody. Hence, one more opportunity is to be given to the petitioner.
Hence, the petition is allowed. The petitioner is ordered to be released on bail for the alleged offences, subject to the following conditions:
i) The petitioner has to execute a personal bond for Rs.50,000/- [Rupees Fifty Thousand only] and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii) The petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii) The petitioner has to appear before the concerned Court regularly.
CT-HR Chs* Sd/- JUDGE