IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3154 OF 2019 BETWEEN:
1. MR. VENKATARAMAPPA AGED ABOUT 70 YEARS, S/O LATE PILLAPPA R/O JANGALA OBATTI VILLAGE, TEAKAL HOBLI, MALUR TALUK KOLAR DISTRICT-563101 2. MR. MANJUNATH S/O NARAYANAPPA AGED ABOUT 36 YEARS, R/O KANDAKANAHALLI VILALGE, KASABA HOBLI, CHICKABALLAPUR TALUK CHICKABALLAPUR DISTRICT-562101 3. MR. SRIKANTH S/O KALAPPA AGED ABOUT 33 YEARS, R/O CHALAKAYALAPARTHI VILLAGE, KASABA HOBLI, CHICKBALLAPUR TALUK CHICKBALLAPUR DISRICT-562101 4. MR. NARASIMHAMURTHY S/O KADIRAPPA AGED ABOUT 29 YEARS, THAMMENAHALLI VILLAGE AMBAJIDURGA HOBLI CHINTAMANI TALUK KOLAR DISTRICT-563101 5. MR. SATISH KUMAR S/O LATE MUNIVENKATAPPA AGED ABOUT 34 YEARS, R/O KAIWARA VILLAGE & HOBLI, CHINTAMANI TALUK KOLAR DISTRICT-563101 … PETITIONERS (BY SRI.M.S.SHYAM SUNDAR, ADVOCATE) AND:
THE STATE OF KARNATAKA BY MASTHI POLICE STATION, MALUR TALUK KOLAR DISTRICT REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BANGALORE-560001 …RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRL.PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.7/2019 OF MASTI POLICE STATION KOLAR FOR THE OFFENCE P/U/S.18,25 AND 46 OF NDPS ACT, 1985.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and learned HCGP for State. Perused the records.
2. The petitioners are arrayed as accused Nos. 2 to 6 in Crime No.7/2019 on the file of the respondent police for the offences under Section 18, 25 and 46 of NDPS Act, 1985.
3. The case of the prosecution is that on the basis of a written report by P.S.I. of Masti Police Station, on 7.2.2019 at about 7 a.m., the P.S.I. who was on duty, on receipt of credible information, along with his staff went to the spot near K.G.Halli and found five persons talking with each other with reference to selling of narcotic drugs which was grown in the land of petitioner No.1 by one Narasimha, who ran away from the spot on the particular day and remaining persons who were sitting near vegetable shop were arrested by the police. On enquiry, they came to know that Narasimha had actually grown the said narcotic drug called opium in the land of petitioner No.1 herein. Therefore, on the above said allegations, a case has been registered as noted above.
4. In fact, the person who absconded from the particular place, by name Narasimha approached this Court in Crl.P. No.3153/2019 and this Court considering the above facts and circumstances of the case by order dated 14.06.2019 granted anticipatory bail to the said person on conditions. These petitioners were arrested by the police and they were remanded to judicial custody for interrogation. That shows that they are no more required for further investigation. In the above said facts and circumstances and on the ground of parity, these petitioners are also entitled to be enlarged on bail. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.7/2019 pending on the file of Prl. District and Sessions Judge, Kolar, for the offences under Sections 18, 25 and 46 of NDPS Act, 1985, subject to the following conditions:
(i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each (Rs. One lakh only) with two sureties for the like- sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
(iv) The petitioners shall not leave the jurisdiction of Kolar District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE ln.