Karnataka High Court
Nayaz Ahmed vs State Of Karnataka on 3 November, 2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO. 5028 OF 2020
BETWEEN:
Nayaz Ahmed
S/o. Nazeer Ahmed,
Aged about 40 years,
R/at No.198, 2nd Cross,
Tippu Nagar, Chamarajapet,
Bengaluru-560018.
...Petitioner
(By Sri. Thangarajan S., Advocate)
AND:
State of Karnataka
By SHO, Chandra Layout Police Station,
Represented by its Public Prosecutor
High Court Complex,
Bengaluru-560001.
... Respondent
(By Sri. Rohith B.J., HCGP)
This Criminal Petition is filed under Section 439 Cr.P.C.
praying to enlarge the petitioner on bail in Cr.No.205/2020
registered by Chandra Layout Police Station, Bengaluru for the
offence punishable under Sections 20(b) of N.D.P.S. Act and
Section 413 and 414 of IPC and Section 66(B) of information
Technology Act.
This Criminal Petition coming on for orders, this day
through video conferencing, the Court made the following:
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ORDER
Heard both sides.
2. The petitioner is accused no.4 in Cr.No.205/2020 registered by respondent - police in relation to an offence punishable under Section 20(b) of NDPS Act and Sections 413 and 414 of IPC and Section 66(B) of Information Technology Act.
3. According to the prosecution, on 8.9.2020 PSI and her staff seized 310 grams of ganja worth Rs.9,000/- from the possession of accused no.1. The seizure was made in the presence of a gazetted officer i.e., Assistant Commissioner of Police at about 1.1.5 p.m. The first information does not disclose seizure of ganja from the possession of the petitioner. It appears that at about 7.00 p.m., the petitioner was arrested and a mobile telephone was seized from him. The overact attributed to the 3 petitioner is that he received the stolen mobile telephone set from accused no.1. So except this, there is nothing to show that he can be connected with the offence of possessing ganja. According to the prosecution, the petitioner is not involved in any other criminal case. His presence may be secured for trial. Therefore petition stands allowed. Hence the following:
ORDER i. Petition is allowed.
ii. The petitioner shall be released on bail on obtaining from him a bond for Rs.1,00,000/- (Rupees One Lakh only) and providing two sureties for the likesum to the satisfaction of the Trial Court.
The petitioner is subjected to the following conditions:4
a. He shall not threaten the witnesses and destroy the evidence in whatsoever manner.
b. He shall regularly appear before the trial court till conclusion of trial.
c. He shall not leave the jurisdiction of the trial court without prior permission till conclusion of trial.
Sd/-
JUDGE sd