Karnataka High Court
Asif Pasha vs State Of Karnataka on 26 September, 2019
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.6766 OF 2019
BETWEEN:
1. ASIF PASHA
S/O. LATE. K A SAMEERJAN,
AGED 36 YEARS,
R/AT KEERTHI NAGAR,
CHINTAMANI TOWN- 563 125.
2. RAVANA
S/O. LATE. MUNIVENKATAPPA
AGED 22 YEARS
R/AT WARD No.16, SVT MILL ROAD
TIPPU NAGAR, CHINTAMANI,
NATIVE OF SAKOLLAPALLI,
CHIMMAMPALLI PANCHAYAT,
BAGEPALLI TALUK - 563 125.
... PETITIONERS
(BY SRI K S VISWANATHA FOR
SRI GANGADHARAPPA C C, ADVOCATE)
AND:
STATE OF KARNATAKA
CHINTAMANI TOWN POLICE,
CHINTAMANI - 563 125.
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REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
... RESPONDENT
(BY SRI HONNAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.No.216/2019 OF CHINTAMANI TOWN
POLICE STATION, CHICKBALLAPURA FOR THE
OFFENCE P/U/S.20(B) OF NDPS ACT AND SEC.3 AND
7 OF ESSENTIAL COMMODITIES ACT AND SEC.285
OF IPC.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Heard the learned counsel for the petitioners and the learned HCGP for the respondent. Perused the records.
2. The Petitioners are arraigned as Accused Nos.1 and 2 in Crime No.216/2019 of Chintamani Town Police Station for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 3 and 7 of the Essential Commodities Act, 1955 and Section 285 of IPC.
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3. The allegations against the petitioners are that on 16.08.2019 on receiving credible information, the respondent police visited the shop and house of Accused No.1 i.e., Petitioner No.1 and they found some gas cylinders kept for refilling and the police also found 1kg 510 gms of Ganja in the house of petitioner No.1. On the basis of the same, the police arrested the petitioners and they were produced before the jurisdictional Magistrate and remanded to the judicial custody. That shows that they are no more required for any investigation. Apart from the above, though the said Ganja is a narcotic drug, but the quantity is lesser than the commercial quantity and it is more than the small quantity. The rigor of Section 37 of NDPS Act is not applicable to the present case. Therefore, the other circumstances have to be looked into by the Court. There is no allegation against the petitioners that they are the small vendors and no cases are pending against them. The offence under the Essential Commodities -4- Act are bailable and the offence under the NDPS Act are non-bailable. But considering the surrounding circumstances against the petitioners and that there are no allegations against the petitioners that they are involved in any other cases and further, as the accused persons have already been arrested, in my opinion, the petitioners are entitled to be enlarged on bail, particularly under Section 439 of Cr.P.C. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners/accused Nos.1 and 2 shall be released on bail in connection with Crime No.216/2019 of Chintamani Town Police Station registered for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 3 and 7 of the Essential Commodities Act, 1955 and Section 285 of IPC, subject to the following conditions: -5-
(i) The petitioners shall execute their personal bonds for a sum of Rs.50,000/- (Fifty thousand only)each, with one surety for the like-sum to the satisfaction of the jurisdictional court;
(ii) The petitioners shall not indulge in tampering the prosecution witnesses;
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause; and
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
(v) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE DKB