Ningaiah @ Lingaiah vs The State Of Karnataka on 10 April, 2017

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Karnataka High Court

Ningaiah @ Lingaiah vs The State Of Karnataka on 10 April, 2017

Bench: Rathnakala

                          -1-



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 10th DAY OF APRIL 2017

                         BEFORE

           THE HON'BLE MRS.JUSTICE RATHNAKALA

           CRIMINAL PETITION NO.2800/2017

BETWEEN:

NINGAIAH @ LINGAIAH
S/O LATE SIDDAIAH
@ DEVARA GUDDAIAH
AGED ABOUT 62 YEARS
RESIDING AT SHAGYA VILLAGE
KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT - 571 313.
                                           ...PETITIONER

(BY SRI R.K.MAHADEVA, ADV.)

AND:

THE STATE OF KARNATAKA
REP. BY THE STATION HOUSE OFFICER
HANUR POLICE STATION
KOLLEGALA SUB-DIVISION
CHAMARAJANAGARA DISTRICT - 571 313.
REP. BY SPP
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
SPL.CASE NO.31/2017 PENDING ON THE FILE OF THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR AND
CRIME    NO.146/2016    OF   HANUR     POLICE   STATION,
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CHAMARAJANAGAR, FOR THE OFFENCE P/U/S 20 CL(a)(i) OF
NDPS ACT.

      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 charge sheeted the petitioner in Cr.No.146/2016 in respect of the offence punishable under section 20 (a)(i) of NDPS Act 1985.

3. The allegation is, the petitioner had cultivated 20 ganja plants in his agricultural land. During the mahazar the ganja plants were weighed and found weighing 66 kgs. No criminal case of identical offence is shown to the credit of this petitioner. He is a senior citizen. Investigation since complete, there is no impediment to allow the petition.

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Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.146/2016 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. 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.

(ii) He shall attend the Court on all hearing dates regularly and punctually.

(iii) He shall not indulge in criminal activities.

In the event he skips the terms of bail, the I.O. is at liberty to seek for cancellation of bail from the Trial Court.

Sd/-

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