Karnataka High Court
Pyara Singh vs State Of Karnataka on 5 October, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.3721 OF 2020
BETWEEN:
Pyara Singh
S/o. Laxman Singh
Aged about 62 years
R/at Rayar Palya
Sompura, Bengaluru Rural
Karnataka - 562 111 ... Petitioner
(By Sri. Sharass Chandra, Advocate)
AND:
State of Karnataka by
Excise Department
Bengaluru Rural
Nelamangala Sub Division
Nelamangala
(Rep. by SPP)
Bengaluru - 560 001 ... Respondent
(By Sri. R.D.Renukaradhya, 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 Cr.No.9/2019-20 of Nelamangala Sub
Division, Bengaluru Rural for the offence punishable under
Sections 8(c), 15(c), 25, 27(a), 28, 60 of NDPS Act.
-2-
This Criminal Petition coming on for Orders through
video conference this day, the Court made the following:
ORDER
This petition has been filed by petitioner/accused No.2 under Section 438 of Cr.P.C., to release him on anticipatory bail in Crime No.9/2019-2020 registered under Sections 8(c), 15(c), 25, 27(a), 28, 60 of Narcotic Drugs and Psychotropic Substances Act, 1985 pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru.
2. I have heard Sri. M. Sharass Chandra, learned counsel for petitioner/accused No.2 virtually and Sri. R.D. Renukaradhya, learned HCGP for the respondent - State.
3. The case of the prosecution in brief is that on 15.12.2020 the respondent-police received a credible information about the transportation and storing of the pills and opium. Immediately at about 7.00 p.m., they -3- made a raid on Pyara Punjabi Dhaba. When they made a search in the Dhaba, nothing was found inside the Dhaba and subsequently, they noticed a blue colour Scorpio vehicle bearing Registration No.KA-01-ME-0016, when they made a search of Scorpio vehicle, they found 9.200 kgs of opium powder and 10 strips of diphenoxylate lomotil containing 20 tablets in all 200 tablets. They apprehended accused No.1 and seized the said articles by drawing a Mahazar and a case has been registered.
4. It is the submission of the learned counsel for petitioner/accused No.2 that petitioner/accused No.2 is not at all concerned to the alleged crime and he is innocent. He further submits that though the vehicle is standing in his name, but the said vehicle is used by his brother - accused No.1. It is his further submission that petitioner/accused No.2 was also not present at the time of alleged raid and no incriminating material was -4- found as against petitioner/accused No.2 for having involved in the said crime. He further submits that petitioner/accused No.2 is ready to abide by any of the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the petition and to release petitioner/accused No.2 on bail.
5. Per contra, learned HCGP vehemently argued and submitted that the entire seizure has taken place from the Scorpio vehicle which is belonging to petitioner/accused No.2. Petitioner/accused No.2 and accused No.1 are the brothers and they are doing the business. Only to escape that they have made out a case that he is not concerned. If he is released on bail, he may abscond and may not be available for the trial. On these grounds, he prays to dismiss the petition. -5-
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On perusal of the records, it shows that when the raid has been made in Pyara Punjabi Dhaba, nothing was found in the Dhaba and subsequently, in the Scorpio vehicle bearing Registration No.KA-01-ME-0016 they found opium of 9.200 kgs and some tablet strips and the same have been seized. On perusal of the Mahazar itself that accused No.1 has clearly stated that the said vehicle belongs to petitioner/accused No.2, but he is using the vehicle and immediately prior to that he has come from the outside and parked and no serious overtacts have been alleged as against petitioner/accused No.2. The alleged offences are not punishable with death or imprisonment for life. In that light, I am of the considered opinion that if by imposing some stringent conditions, if -6- petitioner/accused No.2 is ordered to be released on bail, it is going to meet the ends of the justice.
8. The petition is allowed. The petitioner/accused No.2 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.9/2019-2020 registered under Sections 8(c), 15(c), 25, 27(a), 28, 60 of NDPS Act pending on the file of III Additional City Civil and Sessions Judge and Special Judge (NDPS) Bengaluru, subject to the following conditions:
i. Petitioner/accused No.2 shall execute a personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs Only) with two
sureties for the likesum to the
satisfaction of the Investigating Officer.
ii. He shall surrender before the Investigating Officer within 20 days from today, failing which this order automatically stands cancelled.-7-
iii. He shall not tamper with the prosecution witnesses directly or indirectly.
iv. He shall appear before the Investigating Officer as and when required and co- operate for investigation.
v. He shall mark his attendance before the Investigating Officer once in 15 days in between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
vi. He shall not leave the jurisdiction of the Court without prior permission.
Sd/-
JUDGE SJK