Karnataka High Court
Praveena vs State Of Karnataka on 9 October, 2023
Author: V Srishananda
Bench: V Srishananda
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NC: 2023:KHC:36642
CRL.P No. 5481 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION NO. 5481 OF 2023
BETWEEN:
PRAVEENA
S/O NAGANAYAKA,
AGED ABOUT 26 YEARS
RESIDING AT HYRIGE VILLAGE,
H.D KOTE TALUK,
MYSORE DISTRICT - 571 125
...PETITIONER
(BY SRI LETHIF B, ADVOCATE)
AND:
STATE OF KARNATAKA
BY H.D. KOTE POLICE STATION,
REPRESENTED BY SPP, HIGH COURT BUILDING,
BANGALORE - 560001
Digitally ...RESPONDENT
signed by R
MANJUNATHA (BY SRI B.LAKSHMANA, HCGP)
Location:
HIGH COURT
OF THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
KARNATAKA
CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN SPL.C.NO.564/2022
(CR.NO.309/2022) OF H.D.KOTE P.S., MYSURU DISTRICT FOR
THE OFFENCE P/U/S 8(b), 20(a), 20(b)(ii), c OF NDPS ACT ON
THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE
MYSURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:36642
CRL.P No. 5481 of 2023
ORDER
Heard Sri Lathif B., learned counsel for the petitioner and Sri. B. Lakshmana, learned High Court Government Pleader for the respondent/State.
2. This petition is filed under Section 439 Cr.P.C., with the following prayer.
"Wherefore, the petitioner most respectively pray that this Hon'ble Court be pleased to release him on bail for the offence under Section 8 (b), 20
(a), (ii) of C of NDPS Act, registered in Crime No.309/2022 (Spl.C.No.564/2022) of H.D. Kote Police Station, Mysuru District, pending before Principal District and Sessions Judge, Mysuru in the interest of justice."
3. Petitioner has been arrested in respect of Cr.No.309/2022, dated 31.08.2022 by H.D. Kote Police, Hunsur Sub Division, Mysore District for the alleged offences punishable under Section 8(b), 20(a), 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985.
4. The gist of the complaint averments reveal that the head of the raid party received a credible information stating that -3- NC: 2023:KHC:36642 CRL.P No. 5481 of 2023 somebody has illegally grown ganja plants in the land bearing Sy.No.133 of Hyrige village, amidst sugarcane crop and accordingly, raid party along with the independent pancha witnesses and other sub staff proceeded to the said land and noticed that the ganja plants were grown in the said land. They had uprooted the ganja plants and the same were weighed. On weighing the ganja plants, they weighed 50 kgs 500 grams and thereafter the case came to be registered as aforesaid.
5. During the course of investigation, mother of the petitioner had been enlarged on bail. According to the petitioner, it is his father, who has grown the ganja plants illegally and petitioner is working in poultry farm which is situated about 9 kilometers away from the place of incident and therefore, the petitioner could not have been involved in the incident and thereby, the petitioner has made out a case for grant of bail, even though seized ganja plants are to the tune of commercial quantity.
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NC: 2023:KHC:36642 CRL.P No. 5481 of 2023
6. Learned High Court Government Pleader filed written objection opposing the bail grounds.
7. This Court perused the material on record meticulously in view of the rival contentions of the parties. On such perusal of the material on record, it is seen that petitioner is working in a poultry farm which is situated about 9 kilometers away from the incident. Admittedly, petitioner was not personally present and cultivated the ganja plants amidst the sugarcane in Hyrige village. According to the petitioner, it is the father of the petitioner who has cultivated and who is also been arrested by the Investigating Agency.
8. Taking note of the fact that the petitioner was working in poultry farm and just because the land belongs to the mother of the petitioner, prima facie, it cannot be construed that the petitioner is also involved in growing the ganja plants illegally in land bearing Sy.No.133 of Hyrige village.
9. Further, the charge sheet having been filed and the cognizance has been taken and the learned Trial Judge is dealing with the main case. Taking note of the absence of -5- NC: 2023:KHC:36642 CRL.P No. 5481 of 2023 criminal antecedents in respect of petitioner, this Court is of the considered opinion that the petitioner can be enlarged on bail. The apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions.
Accordingly, following order is passed.
ORDER The criminal petition is allowed.
2. Petitioner is directed to be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum to the satisfaction of the learned Trial Judge.
3. Petitioner shall not tamper the prosecution witnesses in any manner.
4. Petitioner shall attend the court regularly.
5. Petitioner shall not leave the jurisdiction of the Mysore District without prior permission of the learned Trial Judge.
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NC: 2023:KHC:36642 CRL.P No. 5481 of 2023 Violation of the any of the conditions would entitle the prosecution to seek for cancellation of bail Sd/-
JUDGE MR