Karnataka High Court
Mr Abdul Rahim A vs State By Basaveshwaranagar Police on 20 February, 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2019
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.8478/2018
BETWEEN:
Mr. Abdul Rahim A S/o. Ashraf K.K.
Aged about 24 years
R/at No.21, Kaveri Nagar
Karnataka Layout
Kurubarahalli
Bangalore - 560 079. ... Petitioner
(By Sri Jayaprakash Shetty B, Advocate)
AND:
State by Basaveshwaranagar Police
Bangalore City
Represented by its State Public
Prosecutor, High Court of Karnataka
Bangalore - 560 001. ...Respondent
(By K.P Yoganna, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioner on bail in the
event of his arrest in Crime No.275/2018 of
Basaveshwara Nagar Police Station, Bangalore for the
offence punishable under Section 22(b) of NDPS Act.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
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ORDER
The present petition has been filed by the petitioner - accused No.3 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.275/2018 of Basaveshwara Nagar Police Station for the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The gist of the case is that on 01.09.2018 at about 1.00 p.m, the complainant has received credible information that accused No.1 is trafficking narcotic drugs and on search of accused No.1, they found that he was possessing 4.8 grams green 11 MDMA pills and 0.20 grams of LSD papers for the purpose of trafficking. The said substances seized by drawing mahazar and on interrogation of accused No.1, it revealed that those substances have been supplied to him by accused Nos.2 and 3. On the basis of the said material, petitioner - accused No.3 is arrayed as an accused.
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3. It is the submission of the learned counsel for the petitioner- accused No.3 that no proof or documents have been produced by the Investigating Officer to prove the involvement of the petitioner in the said crime. The name of the petitioner - accused No.3 has been incorporated only on the basis of the voluntary statement given by accused No.1. He further submitted that no narcotic drugs have been seized from the possession of the petitioner - accused No.3. He submitted that already under similar facts and circumstances, accused No.1 has been released on bail by this Court in Crl. P. No.7574/2018 by order dated 13.12.2018. On the ground of parity, petitioner - accused No.3 is also entitled to be released on bail. He further submitted that he is ready to abide by any conditions may be imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition.
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4. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner - accused No.3 is the main accused who is supplying the said narcotic drugs to the other accused persons. On the basis of the voluntary statement of the accused No.1, the name of the accused Nos.2 and 3 has also been incorporated. He further submitted that petitioner - accused No.3 is a habitual narcotic drugs dealer and if he now released on bail, he may indulge in similar type of crime which is menace to the society. On these grounds, he prays to dismiss the petition.
5. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
6. A close reading of the contents of the complaint reveals that the name of the petitioner - accused No.3 is not found in records. It indicates that when accused No.1 was apprehended on the basis of the voluntary -5- statement, they came to know that the said substances were supplied to him by accused Nos. 2 and 3. On the basis of the said voluntary statement petitioner - accused No.3 is arrayed as an accused. Even as could be seen from the records, the quantity which has been seized is lesser than the commercial quantity. By taking into consideration the said facts and circumstances, already this Court has released petitioner - accused No.1 on bail in Crl.P. No.7574/2018. Even on the ground of parity, petitioner
- accused No.3 is also entitled to be released on bail by imposing some stringent conditions to meet the ends of justice.
7. In that light, the petition is allowed and the petitioner - accused No.3 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.275/2018 of Basaveshwwara Nagar Police Station for the offence punishable under Section 22(b) of the -6- Narcotic Drugs and Psychotropic Substances Act, 1985 subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Agency.
2. He shall surrender before the Investigating Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence directly or indirectly in any manner.
4. He shall not leave the jurisdiction of the Court without prior permission.
5. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till trial is concluded.
SD/-
JUDGE nms