Karnataka High Court
Union Of India vs Ms Devayani Shukla @ Debbu on 9 March, 2022
Author: V. Srishananda
Bench: V. Srishananda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09th DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL PETITION No.8741 OF 2021
BETWEEN:
UNION OF INDIA,
NARCOTIC CONTROL BUREAU,
BENGALURU ZONAL UNIT.
REPRESENTED BY ITS
INVESTIGATION OFFICER,
R. SELVARAJ,
NO.7/1 AND 2, PRIYANKA VILAS,
RAMANNA GARDEN, KATTIGE HALLI,
BENGALURU MAIN ROAD,
YELAHANKA,
BENGALURU - 560 063.
...PETITIONER
(BY SRI.RAJESH RAI, SENIOR CENTRAL
GOVERNMENT COUNSEL)
AND:
MS. DEVAYANI SHUKLA @ DEBBU,
D/O SHAILENDRA SHUKLA,
AGED ABOUT 21 YEARS,
R/AT NO.20/21 (SOWPARNIKA),
I FLOOR, I CROSS, VAISHNAVI LAYOUT,
POOJA GARDEN, KALKERE,
HORAMAVU POST,
2
CHANNASANDRA,
BENGALURU - 560 043.
... RESPONDENT
(BY SRI.S.P.SHANTH KUMAR, ADVOCATE FOR
SRI.S.H.PRASHANTH, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439(2) OF CR.P.C. PRAYING TO CANCEL THE BAIL
GRANTED TO THE RESPONDENT/ACCUSED IN
CRL.MISC.NO.3099/2021 DATED 09.04.2021 PASSED BY
THE HONOURABLE LI ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, C/c XXXIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS),
BENGALURU (CCH-33) IN NCB.F.NO.48/1/19/2020/BZU,
FOR THE OFFENCE P/U/S 8(c) R/W 9A, 25A, 23, 27A, 28
AND 29 OF N.D.P.S. ACT AND THEREBY DIRECT THE
PETITIONER TO ARREST AND COMMIT THE RESPONDENT/
ACCUSED NO.2. TO JUDICIAL CUSTODY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Affidavit is filed by respondent-accused No.2 and the same is taken on record.
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2. Heard Sri Rajesh Rai, learned Senior Central Government counsel for the petitioner - Union of India, Narcotic Control Bureau and Sri.S.P.Shantha Kumar, learned counsel appearing for Sri S.H. Prashanth, learned counsel for the respondent- accused No.2.
3. The present petition is filed under Section 439 (2) Cr.P.C with the following prayer:
1) Cancel the bail granted to the respondent/accused in Crl.Misc.No.3099/2021
dated 09.04.2021 passed by the Hon'ble LI Addl. City Civil and Sessions Judge C/c XXXIII Addl. City Civil and Sessions Judge and Spl. Judge (NDPS) at Bengaluru (CCH-33) in NCB.F.No.48/1/19/2020/BZU, for the offences punishable under Section 8(c) r/w Section 9A, 25A, 23, 27A, 28 and 29 of NDPS Act and thereby direct the petitioner to arrest and commit the respondent/accused No.2 to judicial custody.
4. The brief facts of the case are as follows: 4
Accused being charge sheeted for the offence punishable under Sections 9A, 25A, 23, 27A, 28 and 29 of NDPS Act.
Accused was arrested during the course of investigation and he was sent to judicial custody. Later on, he filed application under Section 439 of Cr.P.C. in Crl.Misc. No.3099/2021. The learned Special Judge by order dated 09.4.2021, allowed the bail application with the following conditions:
Petition filed by the petitioner under Section 439 of Cr.P.C. is hereby allowed.
Petitioner is entitled to be released on bail, in NCB.F.No.48/1/19/2020/BZU for the offences punishable U/Section 8(c) R/w Sec.9A, 25A, 23, 27A, 28 & 29 of N.D.P.S. Act, on executing personal bond for a sum of Rs.50,000/- each with two sureties for the likesum subject to following conditions.5
1. Petitioner shall give attendance before the concerned I.O., once in a month i.e., preferably on Monday in between 10.00 am., to 2.00 p.m., till filing of charge sheet or further orders whichever is earlier.
2. Petitioner shall not leave the jurisdiction of this court without prior permission.
3. Petitioner shall not tamper the witness or abscond.
4. Petitioner shall co-operate with I.O for investigation.
5. Petitioner shall not likely to commit any offence while on bail.
6. In case of breach of any one of the above conditions the prosecution is at liberty to move the application for cancellation of bail.
5. Union of India through its Narcotic Control Bureau, Bengaluru Zonal Unit has filed this petition 6 seeking cancellation of the bail petition on the ground that respondent-accused No.2 did not mark his attendance before the Investigating Officer till the final report is filed and thereby has violated condition No.1 referred to supra in the bail order dated 09.04.2021.
6. Respondent-Accused No.2 has filed an affidavit before this Court today stating that due to miscommunication and on account of prevailing pandemic Covid - 19 and lockdown, condition No.1 could not be complied by him. However, he has not indulged in any criminal activities during the said period and therefore, the lapses on the part of the respondent - accused No.2 may kindly be condoned and prays for dismissal of the petition.
7. This Court perused the affidavit filed by respondent meticulously.
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8. Due to prevailing pandemic covid-19, lockdown was imposed by the Government. However, the lockdown was revoked and thereafter also respondent did not appear before the Investigating Officer. The affidavit says that it is only due to miscommunication between his advocate and the respondent. Taking note of the fact that unconditional apology pleaded by the respondent - accused No.2 and also taking note of the fact that in the interregnum, the respondent - accused has not indulged in any criminal activities, this Court is of the considered opinion that the prayer of the respondent be accepted and the lapses to be condoned.
9. Further, imposing condition No.1 was to see that the respondent is under vigil of Narcotic Control Bureau and not to commit any other criminal activities during the bail period. Since no such activity is forthcoming, this Court is of the considered opinion 8 that a case is made out by the respondent-accused to dismiss the present criminal petition.
10. Accordingly, this Court pass the following;
ORDER Petition is dismissed.
Sd/-
JUDGE BS