Sri. Avishek Singh vs State Of Karnataka on 19 April, 2017

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Karnataka High Court

Sri. Avishek Singh vs State Of Karnataka on 19 April, 2017

Bench: Rathnakala

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 19th DAY OF APRIL 2017

                         BEFORE

           THE HON'BLE MRS.JUSTICE RATHNAKALA

           CRIMINAL PETITION NO.2663/2017

BETWEEN:

SRI AVISHEK SINGH
S/O SRI SAKWANTH SINGH
AGED ABOUT 34 YEARS
RESIDING AT
NO.57, 4TH CROSS, HSR LAYOUT
HOSAPALYA MAIN ROAD
BANGALORE - 560 068.
                                         ...PETITIONER
(BY SRI MOHAN BHATT, ADV. FOR
SRI S.KARIGOWDA HENCHINAMANE, ADV.)

AND:

STATE OF KARNATAKA, THROUGH
MICO-LAYOUT POLICE STATION
REPRESENTED BY
PUBLIC PROSECUTOR
ATTACHED TO THE
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
                                        ...RESPONDENT
(BY SRI B.J.ESHWARAPPA, HCGP.)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.151/2017    OF   MICO  LAYOUT    POLICE  STATION,
BANGALORE FOR THE OFFENCES P/U/S 21(C), 20(B)(ii)(c) OF
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT.
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      THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                                  ORDER

Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent.

2. The respondent-police have registered a case against the petitioner (A-4) and three others in their Cr.No.151/2017 in respect of the offence punishable under sections 21(c), 20(B)(ii)(c) of NDPS Act.

3. The allegation of the prosecution is, the accused persons were found in possession of narcotic substance during the raid conducted by the I.O. on 27.2.2017 in the house under the possession of A-2. This petitioner is said to be found with a bag having 2 kgs of ganja and a cover with 10 gms of ganja. He is arrested from the spot.

4. The petitioner is said to be permanent resident of the cause title address. No criminal antecedents are shown to his credit. The quantity of incriminating -3- substance seized from his possession is much below the commercial quantity. His continued custody for the purpose of further investigation is not required.

Hence the petition is allowed. Petitioner is enlarged on bail in Crime No.151/2017 of respondent-police, subject to the following conditions:

(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court.

(ii) He shall also furnish the documentary proof of his residential address, Identity/Aadhar card.

(iii) The surety shall produce his original title deeds pertaining to the immovable properties and his identity/Aadhar card for perusal of the Court. The surety shall not have the previous history of offering surety to any other accused of any other criminal case so far.

(iv) He shall mark his attendance before the respondent-I.O. on every alternate Tuesday till filing of the final report.

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(v) He shall not indulge in identical activities.

Sd/-

JUDGE Dvr:

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