Karnataka High Court
Sidharth Santhosh vs The State Of Karnataka on 18 November, 2019
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2019
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.7602 OF 2019
BETWEEN:
1. Sidharth Santhosh,
S/o Santhosh,
Aged about 19 years,
R/at Maramghattu,
Parambil, Tirumolapuram,
Tiruvalla, Patanam Thitta,
Kerala State.
2. Aravinda Bhaskar,
S/o Bhaskaran Krishnan,
Aged about 19 years,
R/at Krishna Nivas,
Thottakara, Ottapalam,
Kerala State. ...Petitioners
(By Sri A.V.Nagendra, Advocate)
AND:
The State of Karnataka by
Suddaguntepalya Police Station,
Bengaluru.
Represented by State Public Prosecutor,
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High Court Building,
Bengaluru - 560 001. ...Respondent
(By Sri.Honnappa, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioners on bail in
Cr.No.147/2019 of Suddaguntepalya P.S., Bengaluru City For
the offence P/U/S 8(C), 20(B)(ii)(c) and 21(C) of NDPS Act.
This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
Heard the learned Counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos.2 and 3 in Crime No.147/2019 on the file of Suddaguntepalya Police Station, for the offences punishable under Sections 8(C), 21(c), 20(B)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The case of the prosecution is that on receiving credible information that some persons by holding the 3 narcotic drugs like LSD papers, ecstasy E-pill tablets and also ganja, were selling the same to the students of the Christ College, Bengaluru, the police went to the particular spot and arrested the petitioners and other accused persons. It is alleged that petitioner No.1 was found with 700 gms. of ganja with him and petitioner No.2 was found with 500 gms. of ganja. Accused No.5 has already been granted bail. Considering the nature of allegations particularly the quantity of ganja that has been seized from the custody of the petitioners which is less than 1000 gms. (one kilogram), it falls within the smaller quantity There are no further allegations made against the petitioners that they are the habitual offenders and no case is pending against them. Considering the nature of allegations and quantity of the drugs seized, the rigor of Section 37 of the NDPS Act at this stage is not applicable so far as these petitioners are concerned. Under the above said facts and circumstances of the case, in my opinion, petitioners are entitled to be enlarged on bail.
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4. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.147/2019 of Suddaguntepalya Police Station, for the offences punishable under Sections 8(C), 21(c), 20(B)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:
(i) The petitioners shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety each for the like-
sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
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(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/-
JUDGE Cs CT:SN