Ambati K vs State By on 26 March, 2015

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Karnataka High Court

Ambati K vs State By on 26 March, 2015

Bench: A.V. Chandrashekara

                                  1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 26TH DAY OF MARCH 2015

                            BEFORE

THE HON'BLE MR. JUSTICE A.V. CHANDRASHEKARA

             CRIMINAL PETITION No.1408/2015

 BETWEEN:

 Ambati K
 S/o Poti, Aged about 38 years
 R/at Shanthasadanam House
 Palankara Post, Yedakere Taluk
 Muttedam, Mallapuram District
 Kerala State-679 333.                         .. PETITIONER

 (By Sri. C N Raju, Adv.)

 AND:

 State
 By Gundlupet Police
 Chamarajanagar
 Represented by SPP
 High Court of Karnataka
 Bangalore-560 001.                            .. RESPONDENT

 (By Sri. B J Eshwarappa, HCGP)


       This criminal petition is filed under Section 439 of the
 Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.20/2015
 of Gundlupet P.S., Chamarajanagar District, for the offences
 punishable under Sections 20(B)(ii)(a) of NDPS Act.
                                   2


       This petition coming on for Orders this day, the Court made
the following :

                             ORDER

Heard the learned counsel for the petitioner and the learned Government Pleader.

2. Petitioner is accused No.1 in crime No.20/2015 on the file of Gundlupet police station for the offences punishable under Sections 20(B) (ii) (a) of NDPS Act, 1985. He has been in judicial custody since 22.1.2015. Hence, regular bail application is filed under Section 439 of Cr.P.C.

3. The learned Government Pleader has vehemently opposed the bail petition on the ground that prima facie case is forthcoming in regard to the seizure of 210 grams of ganja leaves from this petitioner by the police and it is too premature to disbelieve the same. He has argued that the accused is not entitled to be released on bail in view of the gravity of the offence. 3

4. Item No.55 in the statutory notification issued under Section 2 of the NDPS Act, 1985 which has come into effect from 19.10.2001, speaks that ganja up to 1000 grams would be small quantity. The maximum sentence of imprisonment could extend up to six months or Rs.10,000/- fine or both. The case on hand is exclusively triable by the learned JMFC and not by the Special Court under Section 36A of the NDPS Act, 1985. He has undertaken to abide by any conditions which may be imposed on him. Thus, the apprehension of the learned Government Pleader could be suitably met with by imposing suitable conditions.

5. In this view of the matter, petition is allowed and bail is granted to the petitioner, subject to the following conditions:-

a) Petitioner is ordered to be released on bail on executing a personal bond in a sum of Rs.25,000/- with a like bond with one surety to the satisfaction of the concerned court.

b) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner and shall not involve in any criminal activities.

c) Petitioner shall attend the concerned Court regularly on all dates of hearing without fail.

Sd/-

JUDGE bkp

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