Karnataka High Court
Sri. Harikrishna Prasad vs The State By Karnataka on 4 December, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:43529
CRL.P No. 9408 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9408 OF 2023
BETWEEN:
SRI. HARIKRISHNA PRASAD,
S/O SRI. PRASAD P.B,
AGED ABOUT 28 YEARS,
R/AT 401, 5TH MAIN,
ABBAPPA LAYOUT,
BTM LAYOUT 2ND MAIN,
BENGALURU - 560 076.
PERMANENT ADDRESS
PUTTAN VITAL,
KOTTA VILLAGE,
PATTAMTITTA DISTRICT,
KERALA - 679 336.
...PETITIONER
(BY SRI. BINU M., ADVOCATE)
Digitally signed AND:
by B A KRISHNA
KUMAR
Location: HIGH
COURT OF THE STATE BY KARNATAKA,
KARNATAKA
MICO LAYOUT B.S.,
REP. BY HCGP/SPP,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. RAHUL RAI.K, HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.157/2023
157/2023 OF MICO LAYOUT P.S. BENGALURU CITY FOR THE
OFFENCE P/U/S 8c,20(b)(ii)(B),22(c) OF NDPS ACT ON THE
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NC: 2023:KHC:43529
CRL.P No. 9408 of 2023
FILE OF THE HONBLE ADDL.CITY CIVIL AND SESSIONS JUDGE
AND SPL.COURT FOR NDPS AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused No.2 in Crime No.157/2023 registered by MICO Layout Police Station, for the offence punishable under Sections 8(c), 20(b)(ii)(B), 22(c) of N.D.P.S.Act, is before this Court seeking regular bail.
2. Heard the learned counsel for the parties.
3. On the complaint of Deepak.R, Police inspector, CCB, Bengaluru dated 04.06.2023 Mico Layout Police Station, Bengaluru have registered FIR in Crime No.157/2023 for the aforesaid offences against the petitioner. In the complaint it is averred that contraband article i.e., 1,072 grams of ganja was seized from the possession of the petitioner. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application filed before the Court of XXXIII Addl. City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, CCH-33 in Crl.Misc.No.8252/2023 was -3- NC: 2023:KHC:43529 CRL.P No. 9408 of 2023 dismissed on 05.09.2023. Under these circumstances, petitioner is before this Court.
4. Learned Counsel for the petitioner has reiterated the grounds urged in the petition and submits that the contraband article i.e., 1,072 grams ganja seized from the petitioner is an intermediate quantity and prays to allow the petition.
5. Per contra, the learned HCGP has opposed the bail application and submits that the petitioner is a habitual offender selling Ganja and LSD Strips to known customers, college students and IT and BT employees to make money illegally and accordingly, prays to dismiss the petition.
6. Perusal of the material evidence on record would go to show that on receipt of credible information, accused Nos.1 to 3 were apprehended and from their possession, contraband articles were seized. The seizure mahazar dated 04.06.2023 would go to show that from the possession of the petitioner, 1,072 grams of contraband articles, viz., ganja was seized. The total quantify of the -4- NC: 2023:KHC:43529 CRL.P No. 9408 of 2023 ganja seized in the present case is of intermediate quantity. LSD strips weighing 0.263 grams has been seized in the present case from the possession of Accused No.1. Accused No.3 from whose possession 1,038 grams of ganja was seized has been granted regular bail in Criminal Petition No.7051/2023. Investigation in the case is complete and charge sheet has been filed. The apprehension of the learned HCGP is that the petitioner who is from Kerala may not co-operate for trial can be taken care of by imposing appropriate conditions. Under these circumstances, I am of the view that, petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following:
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.157/2023 of Mico Layout Police Station registered for the offences punishable under Sections 8(c), 20(b)(ii)(B), 22(c) of N.D.P.S.Act, subject to the following conditions:-5-
NC: 2023:KHC:43529 CRL.P No. 9408 of 2023
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, out of which, one surety shall be a local surety, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE BNV