Karnataka High Court
Chaluvappajigowda vs State By Mandya on 15 September, 2016
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER 2016
BEFORE
THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA
CRIMINAL PETITION No.5305/2016
BETWEEN:
Chaluvappajigowda,
s/o.late Appajigowda,
Aged about 61 years,
r/o.PES College Road,
Mandya City-571 401. ...PETITIONER
(By Sri.S.Ajay, Adv.)
AND:
STATE By Mandya
West Police Station,
rep. by S.P.P.,
High Court Building,
Bengaluru - 560 001. ...RESPONDENT
(By Sri.K.Nageshwarappa, HCGP)
*********
This criminal petition is filed under section 439
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.119/2016 of Mandya West P.S., Mandya dist., for
the offence punishable under sections 32, 34 of Karnataka
Excise Act and Sec.20(b)(i), 25, 29 of NDPS Act.
This criminal petition coming on for orders this day,
the court made the following:
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ORDER
Petitioner has preferred this petition under Section 439 of Cr.P.C. praying to enlarge him on bail in connection with Crime No.119/2016 registered by the respondent - Police for the offences punishable under Sections 32, 34 of Karnataka Excise Act, 1995 and Sec.20(b)(i), 25, 29 of NDPS Act.
2. Heard the learned counsel for the petitioner and learned HCGP for the respondent. Perused the FIR, complaint and other papers produced along with the petition.
3. Learned counsel for the petitioner submits that the petitioner is an agriculturist and a permanent resident of Mandya city and that he has not committed the alleged offences. Three criminal cases in C.C.No.701/1994, C.C.No.365/1995 and C.C.No.21/1996 registered by the K.M.Doddi Police, Maddur Taluk against the petitioner and tried by the JMFC, Maddur have ended in acquittal and a case in Cr.No.26/1998 initiated by the respondent -Police against the petitioner before the Taluka Executive 3 Magistrate, Maddur was also closed and that no other criminal case except the present one is pending against him as on date. Learned counsel further submits that even according to the case of the prosecution, ganja of 1 kg. and 80 gms., and liquor of 2¾ litres comprising of whisky, brandy alleged to have been recovered from the possession of the petitioner are of small quantities. He also submits that the investigation is over and it is ready for filing final report. However, the petitioner is prepared to extend co-operation for further investigation of the crime, if any and he is also ready to abide by any other conditions that may be imposed by the Court while granting bail. Therefore, the learned counsel prays for allowing the petition by granting bail to the petitioner.
4. Per contra, learned HCGP appearing for respondent - State submits that petitioner has committed the aforesaid offences which are punishable with imprisonment upto ten years. Substantial portion of investigation is completed and it is ready for filing charge sheet. The petitioner was found to be in possession of ganja of 1 kg. and 80 gms., and liquor of 2¾ litres 4 comprising of whisky, brandy and has committed the aforesaid offences. The recovery of above commodities from the petitioner would show that he has committed the aforesaid offences. Therefore, if the petitioner is released on bail, he would certainly try to tamper with the prosecution witnesses and may not appear before the Court at the time of trial, in such an event, it would not only affect the fair trial but would also cause prejudice to the case of the prosecution. Therefore, he prays for rejection of the petition.
5. Based on credible information, the respondent Police have registered a criminal case in Cr.No.119/2016 against the petitioner for the aforementioned offences. The incriminating material objects such as ganja of 1 kg. and 80 gms., and liquor of 2¾ litres comprising of whisky, brandy have already been seized and they are of small quantities. The petitioner has no criminal antecedents as submitted by the learned HCGP appearing for the State. The petitioner was not involved in similar offences on earlier occasion. Three criminal cases registered against him by the K.M.Doddi Police of Maddur Taluk have ended 5 in acquittal by the JMFC, Maddur. Even criminal proceedings initiated against him in Cr.No.26/1998 filed under section 107 of Cr.P.C. before the Taluka Executive Magistrate, Maddur was also closed and that no other criminal cases except the present one is pending against him as on date. The investigation is completed and it is ready for filing final report/charge sheet. In the above circumstances, petitioner is deserved to be released on bail.
Hence the following:
ORDER The petition is allowed. The petitioner is granted bail in connection with Crime No.119/2016 registered by the respondent - Police for offences punishable under Sections 32, 34 of Karnataka Excise Act, 1995 and Sec.20(b)(i), 25, 29 of NDPS Act, subject to the following conditions:-
i) The petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the concerned Court;
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ii) The petitioner as well as surety shall
furnish proof of their address and
identity along with their photos such as ration card, voter identity card, DL etc., to ensure the presence of the petitioner before the trial Court at the time of trial;
iii) The petitioner shall appear before the respondent -Police and extend co-
operation for further investigation of the crime, if any;
iv) The petitioner shall not leave the jurisdiction of the concerned Court till filing of the final report by the respondent -Police;
v) The petitioner shall not tamper the prosecution witnesses in any manner and shall not indulge in any criminal activities;
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vi) The petitioner shall appear before concerned Court on all the dates of hearing unless he is exempted on a particular hearing date for valid reasons;
vii) Petitioner shall not leave the jurisdiction of the concerned Court without its prior permission till the conclusion of the case. In the event of violation of any of the above conditions, the prosecution is at liberty to move the concerned Court for cancellation of the bail.
SD/-
JUDGE Bss.