Karnataka High Court
Keshava @ R K S/O Shivaji Ratod vs The State Of Karnataka on 19 November, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 19 T H DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102090/2021
BETWEEN:
KESHAVA @ R.K. S/O. SHIVAJI RATOD,
AGE: 27 YEARS, OCCUPATION: STUDENT,
R/O. VELLEPUR TANDA, TQ: OURADHA,
DISTRICT: BIDAR.
...PETITIONER
(BY SRI T.R. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
HUBLI TOWN P.S,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
... RESPONDENT
(BY SRI RAMESH B. CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S
439 OF CR.P.C., SEEKING TO RELEASE HIM ON
BAIL, IN HUBLI TOWN P.S. CRIME NO.103/2021
PENDING ON THE FILE OF THE HON'BLE
PRINCIPAL DISTRICT AND SESSIONS AND
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SPECIAL JUDGE, DHARWAD, FOR THE
OFFENCES PUNISHABLE U/S 20(b), 20(b)(ii)(B)
OF NDPS ACT 1985.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by accused No.5 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.103/2021 of Hubli Town Police Station, registered for the offence punishable under Section 20(b), 20(b)(ii)(B) of The Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act', for brevity).
2. The case of the prosecution is that on 20.09.2021 Sri B.N. Satannavar PSI received a credible information, hence he secured 3 Panchas, a Gazetted Officer and his staff and other articles and went to the Water Tank of Tabibland Hubballi, reached the spot at 11.20 a.m. and kept watch near Water Tank and found that 4 persons were sitting in a car and some of the adolescent boys used to pay money and purchase some articles from them and kept the same in their pocket. Looking to the same, Police Inspector suspected that they were selling Ganja in the said Car, therefore raided on the car and found 4 persons were sitting inside the car. On search of the car he found carry bag containing 5,703 grams of Ganja and four plastic packets of Ganja each containing 5 grams, stapler pin, digital weighing machine and plastic bags etc. Police seized the car and other articles under a Mahazar and taken to Police Station. On 4 enquiry the Police Inspector found the name and address of accused Nos.1 to 4. After 8 days i.e. on 28.09.2021 as per information furnished by accused Nos.1 to 4 the Police Inspector instructed his subordinates to search this petitioner by name R.K. On 28.09.2021 Police Inspector got credible information that said R.K. was also likely to come near Water Tank of Tabibland Hubballi with an intention to sell Ganja. Thereafter Investigating Officer secured presence of the Panchas, his subordinates and took required materials and went to Tabibland, there he found a person wandering in suspicious manner. The Police Inspector and his subordinates surrounded the said person and arrested him. On enquiry, he told his name as Keshav R.K. and on searching him Police Inspector got Ganja weighing 309 5 grams, one mobile phone and cash of Rs.300/- from him under a Mahazar in the presence of Panchas filed a complaint before the respondent Police and produced him before the Court and remanded the petitioner to judicial custody. The said complaint is registered in Crime No.103/2021 for the offence punishable under Section 20(b) of NDPS Act,1985. The petitioner filed bail application and the same came to be rejected by the Principal District and Sessions Judge, Dharwad by order dated 25.10.2021. Therefore, the petitioner is before this Court seeking bail.
3. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State. 6
4. Learned counsel for petitioner would contend that the packets of Ganja seized from the possession of petitioner-accused No.5 is only 309 grams, which is small quantity and the punishment for the said offence is imprisonment for one year. He would submit that the petitioner is a B.Ed. student and if he continues in the prison it will affect his education. He would further submit that the petitioner is ready to co-operate with the police during investigation. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader for the respondent-State contended that the offence alleged to have been committed by the petitioner is serious offence which affects general public. He submits that, investigation is still in progress 7 and the allegation is that the petitioner is selling Ganja to accused Nos.1 to 4 and he used to purchase it from accused No.7. He further submits that if the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses and flees from justice. With this, he prayed to dismiss the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State, this Court has gone through the FIR, Complaint and other documents.
7. The accusation leveled against the petitioner is that he was selling Ganja and when he was caught by the police he was in 8 possession of 309 grams of Ganja, which was seized by the Police. The said quantity of ganja seized from the possession of this petitioner is small quantity and the offence alleged against the petitioner is not punishable with imprisonment for life. The petitioner has undertaken to co-operate with the police during investigation. There are no criminal antecedents of the petitioner. The main objection of the prosecution is that in the event of granting bail, he will hamper the investigation and threaten the prosecution witnesses. The said objection may be set right by imposing stringent conditions.
8. In the facts and circumstances of the case and the submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain 9 terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C., is allowed. Consequently, the petitioner-accused No.5 shall be released on bail in Crime No.103/2021 of respondent Police Station subject to the following conditions:
i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh Only) with one surety for the like sum to the satisfaction of the jurisdictional Court.
ii) Petitioner shall not indulge in
tampering the prosecution
witnesses.
iii) Petitioner shall co-operate with the
investigation and make himself
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available for interrogation
whenever required.
iv) Petitioner shall not directly or
indirectly make any inducement,
threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
v) Petitioner shall not obstruct or hamper the Police investigation and not to play mischief with the evidence collected or yet be collected by the Police.
vi) Petitioner shall mark his presence before the Police station concerned on every Sunday between 10 a.m. to 2 p.m., for a period of two months from the date of this order or till filing of final report, whichever is earlier.
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vii) Petitioner shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
Sd/-
JUDGE Sbs*