Karnataka High Court
Rajanikanth S/O Ravindra Parida vs The State Of Karnataka on 26 May, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 100723 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 100723 OF 2023
BETWEEN:
1. RAJANIKANTH
S/O RAVINDRA PARIDA
AGE. 21 YEARS, OCC. STUDENT
R/O BRAHMASAI POST. BADANAVKONA
TALUK: RAJNAGAR
DIST: KENDRAPARA
STATE: ORISSA.
2. DHIREN S/O BHARATCHANDRA PATRA
AGE: 21 YEARS, OCC. STUDENT,
R/O DOLOMORA
POST: CHANDIBOUSMULLA
TALUK: RAJNAGAR
DIST: KENDRAPARA
VIJAYALAKSHMI SATATE:ORISSA.
M KANKUPPI
Digitally signed by
VIJAYALAKSHMI M
KANKUPPI
3. DHANANJAY S/O GOPALCHANDRA SWINE
Location: high court
karnataka Dharwad bench
Date: 2023.06.02 12:56:05
AGE: 25 YEARS, OCC: STUDENT
+0530
R/O. GULNAGR TALUK & DIST. KENDRAPARA
SATATE: ORISSA.
...PETITIONERS
(BY SRI. SRINIVAS B NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
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CRL.P No. 100723 of 2023
DHARWAD BENCH
THROUGH CEN POLICE STATION
HUBBALLI
DISTRICT DHARWAD -580 011.
...RESPONDENT
(BY SRI K S ABHIJITH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO GRANT REGULAR BAIL TO THE PETITIONERS/
ACCUSED No.2, 3 AND 1 IN SPL NDPS CC No.7/2022 ON THE FILE
OF PRINCIPLE SESSIONS AND SPECIAL JUDGE DHARWAD CRIME
NO.91/2022 CEN CRIME P S HUBBALLI DHARWAD CITY FOR THE
OFFENCES PUNISHABLE UNDER SECTION 20 (B) (II)(B) OF NDPS
ACT R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY
THROUGH VIDEO CONFERENCING AT BENGALURU, THE COURT
MADE THE FOLLOWING:
ORDER
This petition is filed by accused Nos. 1 to 3 under Section 439 Cr.P.C. seeking bail in Crime No. 91/2022 of CEN Crime Police Station, Hubballi Dharwad city, registered for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter for the sake of brevity referred to as the `NDPS Act'.) -3- CRL.P No. 100723 of 2023
2. Case of the prosecution is that, one Raghavendra Gurl, Police Sub-Inspector, CEN Crime Police Station, Hubballi Dharwad City has filed complaint stating that on 08.04.2022 at about 08.30 a.m. the complainant along with his subordinates was on patrolling duty. When they were near Sarvodaya Circle, he received credible information that at about 11.00 to 11.30 a.m., some people are bringing ganja in a vehicle bearing registration No. KA-25 - EF-2131 through Sarvodaya Circle to Bhavani Nagar road, Barakotri. The said complaint came to be registered in Crime No. 91/2022 of CEN Crime Police Station Hubballi Dharwad City. The complainant along with his staff went to the spot and stopped the bike of accused Nos.1 to 3 and they were found possessing ganja weighing 2126 grams in a bag and he seized the same under mahazar and arrested accused Nos.1 to 3. After investigation, charge-sheet has been filed against accused Nos. 1 to 4 for the offence punishable under Section 20(b)(ii)(B) of NDPS Act and Section 34 of Indian Penal Code.
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3. Petitioners - accused Nos. 1 to 3 filed bail application before the Special Court and the same came to be rejected by order dated 14.03.2023. Therefore, the petitioners are before this Court seeking bail.
4. Heard learned counsel for petitioners - accused Nos.1 to 3 and learned HCGP appearing for the respondent - State.
5. Learned counsel for petitioners would contend that the petitioners are in judicial custody since 08.04.2022. The petitioners are young boys and they are students. He contends that the trial will take considerable time and as the charge sheet is filed, the petitioners are not required for custodial interrogation. He submits that by looking to the definition of the expression `Ganja', the quantity seized will come to a small quantity. He further submits that the petitioners are ready to furnish two local sureties, cash security and they undertake to appear everyday before the -5- CRL.P No. 100723 of 2023 jurisdictional Police station. With this he prayed to allow the petition.
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6. Per contra learned HCGP appearing for the respondent - State would submit that the quantity of Ganja seized from the petitioners is intermediate quantity. The FSL report reveals that the material seized from the petitioners is Ganja. The offence alleged against the petitioners is against the Society. Petitioners are residents of Orissa State and if they are granted bail they will flee from justice and will not be available for trial. With this he prayed to reject the petition.
7. Having regard to the submissions made by the learned counsel for petitioners and learned HCGP for the respondent - State this Court has gone through the charge sheet records.
8. Petitioners - accused Nos. 1 to 3, when they were moving on motor cycle bearing registration No. KA-25 - EF - 2131, were caught red handed by the complainant and his -6- CRL.P No. 100723 of 2023 staff and they were possessing Ganja weighing 2126 gms. Accused No. 3 was riding the motor cycle and accused Nos.1 and 2 were sitting on the motor cycle as pillion riders. Learned counsel for the petitioners has referred to the statement of one of the Panch namely Sri. Samuel, son of Pullaiah Talapati, and has stated that what is seized is leaves, flowers, buds, seeds etc., and the quantity seized from accused No. 1 is 1072 gms and quantity seized from accused No.2 is 1052 gms. The ganja seized from the possession of accused Nos.1 and 2 is little more than small quantity. Petitioners are in judicial custody since last 13 months. As charge sheet is filed, petitioners are not required for custodial interrogation. The apprehension of the prosecution that if the petitioners are granted bail there are chances of they absconding to their native State - Orissa and not available for trail can be met with by imposing stringent conditions. Therefore, petitioners have made out case for grant of bail subject to stringent conditions. Hence, I proceed to pass the following;
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ORDER Petition filed under Section 439 of Cr.P.C. is allowed. The petitioners - accused Nos. 1 to 3 are ordered to be released on bail in crime No. 91/2022 of CEN Crime Police Station, Hubballi Dharwad City, subject to the following conditions:
i. Petitioners - accused Nos. 1 to 3 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties for the like sum to the satisfaction of the jurisdictional Court. ii. Petitioners - accused Nos. 1 to 3 shall deposit cash security of Rs.1,00,000/- (Rupees One Lakh only) each. iii. Petitioners - accused Nos. 1 to 3 shall attend the jurisdictional Police Station on every Sunday till the disposal of the case registered against them. iv. Petitioners - accused Nos. 1 to 3 shall attend the Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. -8- CRL.P No. 100723 of 2023 v. Petitioners - accused Nos. 1 to 3 shall not leave the jurisdiction of the Special Court without the permission of the Special Court.
vi. Petitioners - accused Nos. 1 to 3 shall furnish their identity proof, namely, Aadhar card or any other identity proof to be acceptable to the Special Court.
Sd/-
JUDGE LRS List No.: 19 Sl No.: 5