IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.57/2019 BETWEEN:
Suresh M.R.
S/o. Late Rudrappa Aged about 39 years R/at Melina Hosahalli Village Javagal Hobli, Arasikere Taluk Hassan District – 573 112. ...Petitioner (By Sri.Ravi M.M., Advocate) AND:
State by Huliyar Police Represented by Public Prosecutor High Court of Karnataka Bangalore – 560 001. ... Respondent (By Sri.M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.38/2018 of Huliyar Police Station, Tumkur for the offences P/U/S 20(b) of NDPS Act and Section 120B of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.10 under Section 438 of Cr.P.C. seeking his release on bail in Crime No.38/2018 of Huliyur Police Station for the offences punishable under Sections 20(b) of NDPS Act and Section 120(b) of IPC.
2. I have hears the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on the basis of credible information received on 16.04.2018 at about 4:00PM, the Police Inspector along with his staff went to the place and they were noticed that petitioner/accused No.10 selling ganja at Indiranagara, Huliyur Town, Tumkuru and he has been apprehended and when his house was searched, they seized 65 kgs of ganja. It is noticed that a tunnel was dug in the pooja room and ganja has been stored by the petitioner/accused No.10. Subsequently, during the course of the investigation, it is revealed that along with accused Nos.2 to 6 were also selling the ganja and accused Nos.7 to 11 are used to purchase the ganja from the petitioner/accused No.1. On the basis of complaint, the case has been registered and charge sheet also has been filed.
4. It is the submission of the learned counsel for the petitioner/accused No.10 that only on the basis of voluntary statement of the accused No.1, the Police have searching for accused No.10. He further submitted that already accused Nos.2 to 5 and 7 to 9 are granted bail by this Court in which accused Nos.8 and 9 are granted anticipatory bail. On the ground of parity, petitioner/accused No.10 is also entitled to release on bail. He further submitted that the alleged offences are not punishable with death or imprisonment for life and no ganja has been seized from the possession of the petitioner/accused No.10. Petitioner/accused No.10 is ready to abide by the conditions that may be imposed on them by this Court and ready to offer surety. On these grounds, he prays to allow the petition and release him on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.10 is used to purchase ganja from the accused Nos.1 to 6 and there is material to show prima-facie that accused is also indulged in the alleged crime. If petitioner/accused No.10 is released on bail, he may abscond and may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials and perused the records.
7. As could be seen from the contents of the complaint and other materials that the name of the petitioner/accused No.10 not present. Subsequently, his name has been indicated only on the basis of voluntary statement of the other accused persons. The alleged offences are not punishable with death or imprisonment for life and no ganja has been seized from the possession of the petitioner/accused No.10. As could be seen from the records, he is the only purchaser of the ganja, though it is punishable subject to proof of the said fact. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if petitioner/accused No.10 is ordered to be released on anticipatory bail, it is going to meet the ends of justice.
8. In the light of the above discussion, petition is allowed and the petitioner/accused No.10 is enlarged on anticipatory bail in Crime No.38/2018 of Huliyur Police Station for the offences punishable under Sections 20(b) of NDPS Act and Section 120(b) of IPC subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Jurisdictional Police.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He is directed to surrender before the Investigating Officer within 15 days from today.
4. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the chargesheet is filed.
5. He shall not leave the jurisdiction of the Court without prior permission.
KA* Sd/- JUDGE