Karnataka High Court
Mr Anjay Kumar Singh vs The State Of Karnataka on 14 June, 2021
Equivalent citations: AIRONLINE 2021 KAR 1714
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
IN THE HIGH COURT OF KARNATAKA BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 1770 OF 2021
BETWEEN:
MR. ANJAY KUMAR SINGH,
S/O. THUNASINGH @ MRITYUNJAY SINGH,
AGED ABOUT 54 YEARS,
R/AT HOUSE NO.404, A-BLOCK,
SYMPHONY APARTMENT,
ANEKAL, CHANDAPURA ROAD,
BAYAGADADHANAHALLI,
ANEKAL TALUK, BANGALORE
RURAL DISTRICT - 562 106.
PERMANENT RESIDENT OF:
MASAD (VILL AND POST),
UDAANTH NAGAR, PS, ART,
BOJPUR - DISTRICT,
BIHAR - 802 162.
...PETITIONER
(BY SRI TIGADI VEERANNA GADIGEPPA, ADVOCATE)
AND
THE STATE OF KARNATAKA
REP. BY SUB INSPECTOR OF POLICE,
SURYANAGAR POLICE STATION, BANGALORE,
REP. BY STATE PUBLIC PROSECUTOR,
-2-
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI VINAYAKA K.S. HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.
326/2019 OF SURYANAGAR P.S., BENGALURU CITY FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS 332, 353,
307, 149 OF IPC AND SECTION 2(C) OF NDPS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT THROUGH PHYSICAL HEARING/ VIDEO
CONFERENCING MADE THE FOLLOWING:
ORDER
This petition is filed under section 438 of Cr.P.C. seeking to release the petitioner on anticipatory bail in the event of his arrest in Crime No.326/2019 of Suryanagar Police Station, registered for offences punishable under sections 332, 353, 307 of IPC and Section 20(C) of NDPS Act, 1985.
2. Heard the learned counsel for petitioner and learned HCGP for respondent - State and perused the material on record.
-3-
3. The case of the prosecution is that the Police Inspector of Suryanagar Police Station, Attibele Hobli on 23.09.2019 at about 3.00pm received a credible information that Ganja is being transported in a Scorpio vehicle. He along with his staff and panch witnesses went to Marasuru Road, Madiwala Village and intercepted white color Scorpio vehicle at about 4.10pm. The person who was driving the said vehicle tried to escape and when the police officials tried to apprehend him, he took out a knife and caused injuries to one of the police, as such the complainant fired warning shots in the air. In spite of that when he did not surrender, the complainant fired at his right leg and then he was apprehended. On search they found 13 plastic bags containing 341 kgs of Ganja in the vehicle. Further on his information another 14 plastic bags of Ganja weighing 464 kgs was also seized from the shed situated near his house. On interrogation, he revealed that he was procuring Ganja from one Jadav, a resident of Vishakapattanam and Matti Bhai @ Shekar, a resident of Orissa, through his friend i.e., the -4- petitioner. Ganja as well as the Scorpio Car bearing Registration No.BR-03-PA-2216 and two mobile phones were seized under a mahazar.
4. FIR was registered against four accused persons arraigning the petitioner as Accused No.2. The charge sheet has been filed against six Accused persons. The petitioner as well as two other accused namely Jadav and Shekar are shown as absconding.
5. The learned counsel for the petitioner would contend that the Ganja was seized from the possession of Accused No.1 and the said Accused has been enlarged on statutory bail. He further submits that Accused No.5 by name Rahul Kumar Singh as well as Accused No.8 namely Muralidhar have been enlarged on bail by this Court. He submits that the petitioner has been implicated only on the voluntary statement of Accused No.1, there are no criminal antecedents or any other case/s registered against the petitioner. He submits that the petitioner is innocent and he -5- has been falsely implicated in the case. He submits that the petitioner is ready and willing to offer local surety. Accordingly, he seeks to allow the petition.
6. Learned HCGP has contended that the petitioner was supplying Ganja to Accused No.1 and all the Accused are involved in drug trafficking. He submits a huge quantity of Ganja has been seized and the vehicle used for the commission of offence belongs to the petitioner. He further submits that in view of the nature of offence committed, the petitioner is not entitled for the relief he has sought. He submits that in the event of grant of bail to the petitioner, he may once again involve in similar offence and he may also flee from justice. Accordingly, he seeks to dismiss the petition.
7. From the material on record, it is seen that on receiving a credible information that Ganja was being transported in a Scorpio vehicle, the complainant along with his staff and panch witnesses intercepted a Scorpio vehicle -6- bearing registration No.BR-03-PA-2216 near Madiwala Village on Shettihalli Mursur Road at about 4.10pm on 23.09.2019 and apprehended Accused No.1. It is alleged that 341 kgs of Ganja from the car and another 464 kgs (481.300 kgs as per charge sheet) of Ganja from a shed belonging to Accused No.1 was seized.
8. It is the case of prosecution that Ganja was procured from the State of Orissa through Vishakapattanam by Accused Nos.1, 2 and 5 for the purpose of selling it to the public. It is not the case of prosecution that the petitioner was present in the Scorpio car or that he escaped from the spot after seeing the police officials. Admittedly, Accused No.1 was apprehended from the spot and huge quantity of Ganja was seized at his instance. The petitioner has been named as an Accused on the basis of the voluntary statement of Accused No.1. Since the investigation could not be completed and charge sheet was not filed within the statutory period, -7- Accused No.1 was admitted to statutory bail by the learned Sessions Judge.
9. In the above facts and circumstances, I deem it appropriate to allow the petition directing the petitioner to surrender before the Investigation Officer and cooperate with the investigation.
Hence the following, ORDER Petition is allowed.
In the event of arrest of the petitioner/accused No.2 in Crime No.326/2019 of Suryanagar Police Station, charge sheeted for offences punishable under Sections 332, 353, 307 r/w 149 pf IPC and Section 20(C) of NDPS Act, pending on the file of XXXIII Addl. City Civil and Sessions Judge and Spl.Judge (NDPS) at Bengaluru in Spl.C.C.No.309/2020, he shall be released, subject to following conditions:-
1. Petitioner shall surrender before the Investigation Officer within a period of two -8- weeks from the date of receipt of copy of this Order and shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum, out of which one shall be a local surety.
2. Petitioner shall cooperate with the investigation for the purpose of recovery if any and he shall mark his attendance before the concerned police station once in 15 days preferably on every Second and Fourth Saturday for six months.
3. Petitioner shall furnish proof of his residential address and shall inform the Investigation Officer/Court if there is any change in the address.
4. Petitioner shall not tamper with the prosecution witnesses /evidence either directly or indirectly.
5. Petitioner shall appear before the trial Court on all dates of hearing.-9-
6. Petitioner shall not involve in any criminal activities and he shall not commit similar offence.
7. If any of the above conditions are violated, petitioner shall not be entitled for the benefit of this order.
Sd/-
JUDGE AS