Karnataka High Court
Basavaraj S/O Amrut Bahajantri vs The State Of Karnataka on 12 July, 2023
Author: V.Srishananda
Bench: V.Srishananda
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CRL.P No. 101396 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101396 OF 2023
BETWEEN:
BASAVARAJ S/O. AMRUT BAHAJANTRI,
AGE: 31 YEARS, OCC: BUSINESS
R/AT: SETTLEMENT MAIN RD,
GANGADHAR NAGAR, HUBBALLI- 580 020.
...PETITIONER
(BY SRI. GOURISHANKAR H. MOT, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
OLD HUBBALLI POLICE STATION, HUBBALLI,
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
DHARWAD.
CHANDRASHEKAR ...RESPONDENT
LAXMAN
KATTIMANI
(BY SMT.GIRIJA S. HIREMATH, HCGP)
Digitally signed by
CHANDRASHEKAR THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
LAXMAN KATTIMANI
Date: 2023.07.18
OF CR.P.C. SEEKING TO QUASH THE IMPUGNED ORDER DATED
15:19:09 -0700 17.06.2023 AND TO ENLARGE THE ACCUSED
NO.3/PETITIONER ON STATUTORY BAIL BY ALLOWING THE
APPLICATION FILED U/SEC. 167(2) OF CR.P.C. IN OLD
HUBBALLI PS CRIME NO. 73/2023 FOR THE OFFENCE P/U/SEC.
20(b)(ii)B OF THE NDPS ACT, 1985 PENDING BEFORE THE
PRINCIPAL DIST AND SESSIONS JUDGE AT DHARWAD.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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Heard Sri. Gourishankar H.Mot, learned c ounsel
for the petitioner and Smt.Girija S.Hiremath, learned
High Court Government Pleader for the respondent-
State. Peru sed the records.
2. The pres ent petition is filed under Section
482 of Cr.P.C. with the following prayer :-
"To quash the impugned order dated
17.06.2023 and to enlarge the accused
No.3/petitioner on statutory bail by
allowing the app lication filed u/sec. 167(2)
of Cr.P.C. in Old Hubballi PS Crime
No.73/2023 for the offence p/u/sec.
20(b)(ii)B of the NDPS Act, 1985 p ending
before the Principal District and Session s
Judge at Dharwad."
3. The brief facts of the case are as under :-
Sri Sur esh H. Yallura, a Police Officer of Old
Hubballi Police Station lodged a complaint on
09. 04.2023, which was registered in Cr ime
No.73/2023 for the offences punishable under
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Section 20(b)(ii)(B) of Narcotic drugs and
Psychotropic Substances Act, 1985.
4. The gist of the complaint averments reveal
that the accused-petitioner alon g with other accu sed
persons had indulged in selling the ganja and suc h
information was passed on to the Police Officer
Sri.Suresh H. Ya llura. Accordingl y he formed a team
comprising of himself and his sub-staff, ga zetted
officer and independent panch witnesses and was
waiting near the Karwar road bridge. At about 6.15
p.m. on 09.04.2023, they stopped the auto rickshaw
and raided on it. One of the inmates of the auto
rickshaw escaped away on seeing the Poli ce offic er
and Police officer was able to apprehend the
petitioner and another pers on and from their cu stody
recovered the ganja weighing 1154 grams and Police
have seized the same a s it was a illegal ganja and
samples were drawn. Thereafter, apprehended
petitioner s and sei zed ganja were handed over to
the Station House Officer of Old Hubballi Police
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station by Sri.Suresh H. Yallura along with wri tten
report. On the b asis of said report case came to be
registered and after thorough investigation, charge
sheet ca me to be filed. The b ail application filed
before the Principal District and Sessions Judge,
Dharwad came to be rejected . Hence, petitioner is
before this Court.
5. Learned counsel for the petition er
reiterated the grounds urged in the peti tion and
con tended tha t the seized ganja is to the tune of
1154 grams is more than s mall quantity and less
than commercial quantity and therefore, same w ould
be termed as intermediary quantity and charge sheet
has already filed. Petiti oner is not having criminal
antecedents. Hence, prays to enlarge the petitioner
on bail.
6. Per contra, lear ned High Court Government
Pleader opposed the petition grounds.
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7. In view of the rival contentions of the
parties, this Court perused the material on record
meticulously.
8. The ac cused is charge sheeted for the
offences punishable under Sections 20(b) (ii)B of the
Narcotic Drugs and Psychotropic Substances A ct,
1985 ( for short, 'NDPS Act'). The seized quantity is
1154 grams of ganja. P etitioner is a ccused No.3 in
the incid ent. Having regard to the p unishment
prescribed for the intermediary quantity, the time
that is prescribed for filing the charge sheet is sixty
days.
9. Admi ttedly, charge sheet ca me to be filed
that is on 05.07.2022 for the incident that has
occurred on 09.04.2023. Therefore, the charge sheet
is bey ond time and an application came to be filed
before the learned Special Judge under Section
167(2) Cr.P.C. However, the said applica tion was
rejected by the learned trial J udge on the ground
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that nin ety days is the time for filing the charge
sheet.
10. Taking note of the fact that the sei zed
ganja is to the tune of intermediary quantity, the
offence would fall under Section 20(ii)(B) where the
punishable is only ten years and therefore in such
matters, the time for filing the charge sheet is only
sixty days. The aspect of the matter is not properly
con sidered by the learned Special Judge while
con sidering the application under Section 167(2)
Cr.P.C.
11. Moreover, the co-accused has been
granted regular bail by this Court in Cri minal
Petition No.101214/2023. Taki ng note of these
aspects of the matter, the impugned order pa ssed by
the learned Special Judge in Crime No.73/2023 is
hereby set aside and application filed by the
petitioner is allowed.
12. Accordingly, following order is passed.
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O R D E R
1. The petition is allowed.
2. The impug ned order passed on application under S ection 167(2) Cr.P.C. dated
17. 06.2023 by the Principal Distric t and Sessions Judge, Dharwad in Crime No.73/2023 is hereby set a sid e and said applicati on is allowed on following con ditions.
i. Petitioner/accused No.3 is directed to be enlarged on bail on executing a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakh only) each with two sureties for the likesum to the satisfaction of the trial Court.
ii. Petitioner/accused No.3 s hall not direc tly or indirectly tamper the p rosecution witnesses' or hamper the investigation process in any manner.
iii. Petitioner/accused No.3 shall attend the Court regularly.
iv. Petitioner/accused No.3 shall not leave the jurisdiction of Dharwad District without prior permission.
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Ordered accordingly.
Sd/-
JUDGE CLK List No.: 2 Sl No.: 66