IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.1671/2019 BETWEEN:
1. SUJITH KUMAR @ SUJITH, S/O GOWRAV HARI, 32 YEARS, R/AT MUKKOLEES VILLAGE AND POST, BASTATHANA BORDER, BALISHOOR DISTRICT, ORISSA STATE – 756 022.
2. ARJUN, S/O JUBENAR KAHAR, 20 YEARS, R/AT MOTTAMOHARI VILLAGE, BALANDAPURA POST, GUJJAPURA STATION, KANDUBALAM DISTRICT, ORISSA DISTRICT – 762 002.
3. AJITH, S/O PRABATH, 28 YEARS, BALANDAPURA POST, GUJJAPURA STATION, KANDUBALAM DISTRICT, ORISSA DISTRICT – 762 002.
4. RAGHAV, S/O LAKKANTHAR, 21 YEARS, R/AT GOPINATHPURA, CHAMUNDIYA POST, GANIYA THANA, NAYAGHAW, ORISSA – 756 163.
5. BIKRAM KOHAR, S/O SHANKAR KOHAR, 22 YEARS, R/AT BHOOPUNGAR VILLAGE, BALANDAPURA POST, GUJJAPURA STATION, KANDUBALAM DISTRICT, ORISSA DISTRICT – 762 002.
6. BEDUBIYAS KAHARO, S/O BINJOKAHARAO, 20 YEARS, BHOTIBALA VILLAGE, GOJAPURA THANA, KUNDOLA DISTRICT, ORISSA DISTRICT – 762 002.
7. AJITH KAHARO, S/O NITYANANDA KAHARO, 20 YEARS, R/AT BOPANGA VILLAGE, GOPURA THANA BORDER, KUNDOL DISTRICT, ORISSA – 754 029.
ALL ARE PRESENTLY RESIDING AT RAMASWAMY PALYA, BANASAWADI, BENGALURU – 560 072. …PETITIONERS (BY SRI. H.JAGADEESHA, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY BANASAWADI POLICE STATION, BANGALORE.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE – 560 001. …RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.71/2019 OF BANASWADI P.S., BANGALORE CITY FOR THE OFFENCE P/U/S 20(b) OF N.D.P.S. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP. Perused the records.
2. Petitioners are arraigned as accused Nos.1 to 7 in Crime No.71/2019 on the file of the respondent-police for the offences punishable under Sections 20(B) of the NDPS Act. The records disclose that on 9.9.2019 at about 8.30 a.m. the respondent-police have received a credible information that the accused persons were indulging in selling ganja. Immediately along with the panch witnesses they went to the place i.e. the road beneath IOC Circle of Ramaswamypalya, Bengaluru and they found that all the accused persons were holding plastic covers in their hands. On searching them, the police found that each accused persons were holding one plastic cover containing ganja and as such they were arrested by the police. The records also disclose that plastic cover containing ganja weighing about 6 Kgs each was seized from accused Nos.1 to 4 and weighing about 5 Kgs. each from accused Nos.5 to 7. Therefore, though the police have stated that earlier the accused persons jointly collected 39 Kgs of Ganja and brought the same to Bengaluru and thereafter they divided the same amongst themselves, the said factum has to be established during the course of full dressed trial. The actual recovery made from the accused persons i.e. 6 Kgs. and 5 Kgs. of Ganja respectively, is a small quantity. Therefore, looking to the above said facts and circumstances of the case, the petitioners are entitled to be enlarged on bail as the rigor of Section 37 of the NDPS Act is not applicable. As could be seen from the records, the petitioners are from Orissa State. Therefore, I am of the opinion that stringent conditions requires to be imposed on the petitioners.
3. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.71/2019 of Banasawadi Police Station, Bengaluru, registered for the offence punishable under Section 29(b) of NDPS Act, subject to the following conditions:
(i) The petitioners shall execute their personal bonds for a sum of Rs.2,00,000/- (Rupees Two Lakh only) each with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission till the case registered against them is disposed of.
(v) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the final report is submitted, whichever is earlier.
Sd/- JUDGE *alb/-.