Criminal bail application under Section 439 CrPC allowed for accused charged with possession of ganja under NDPS Act. Investigation completed, charge sheet filed, and bail granted.
Petitioner granted bail on personal bond of Rs. 2,00,000 with two sureties, one from native place, subject to non-tampering and appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 14TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.101072/2021
BETWEEN:
MANIKANTA S/O VENKATESH, AGE: 20 YEARS, OCC: STUDENT, R/O: IN FRONT OF RTC BUS STAND, THILAKNAGAR,GUNTHAKAL ANANTAPUR, ANDHRA PRADESH-515801. … PETITIONER
(BY SRI.B. ANWAR BASHA, ADVOCATE) AND:
THE STATE OF KARNATAKA (THROUGH CEN P.S BALLARI) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT DHARWAD-580001. … RESPONDENT (BY SRI. RAVINDRA NAIK, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO.48/2020 REGISTERED IN CEN POLICE STATION, BALLARI, FOR THE OFFENCES U/S 20(B)(II)(b) OF NDPS ACT, 1985 PENDING TRIAL OF THE CASE BEFORE THE PRL. DISTRICT AND SESSIONS JUDGE, BALLARI.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS , THIS DAY THROUGH VIDEO CONFERENCING, THE COURT MADE THE FOLLOWING:
O R D E R
This successive bail petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., for granting bail in Crime No.48/2020 registered by CEN Police, Ballari, for the offence punishable under Sections 20(B)(ii)(b) of Narcotic Drugs and Psychotropic Substances Act, 1985.
the petitioner and the learned High Court Government Pleader Sri.Ravindra Naik for the respondent-State.
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registration No.KA39/AS 2396 and on apprehending, they revealed their names and on searching the bag which was kept on the motorcycle, 2.5 kg of ganja worth about Rs.35,000/- was found in the bag. It seized by the police under the panchanama. All the accused persons were taken to custody and remanded to Judicial Custody. The petitioner approached this Court for grant of bail in Crl.P.No.100081/2021 which came to be dismissed on 18.1.2021 as investigation was still pending. Now, the petitioner has approached this court on the ground that the investigation is already completed and charge sheet is filed and accused No.3 was also granted bail by this court in Crl.P.No.100727/2021 on 2.6.2021.
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the panchanama. The investigation is already completed and charge sheet has been filed. They are in custody from 5.12.2020 which is more than six months. The co-accused No.3 was also granted bail by this court on 2.6.2021 in Crl.P.No.100727/2021. The accused are the students of B.Sc and BBA and they are from Alur village, Karnool district, Guntakal, which is adjacent to Ballari district. The quantity of ganja seized from the accused is below the commercial quantity and therefore, there is no bar under Section 37 of the NDPS Act. The presence of this petitioner may not be required for any investigation except for trial. The petitioner has made out additional and sufficient grounds for consideration of bail petition. Therefore, I am of the view that by imposing stringent conditions, if the petitioner/accused No.1 is granted bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:
ORDER
The criminal petition is allowed .
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The trial Court is directed to release the petitioner/accused No.1 on bail in Crime No.48/2020 registered by CEN Police, Ballari, for the offence punishable under Sections 20(B)(ii)(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:-
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vi) Petitioner shall not leave the jurisdiction of this Court without prior permission of the trial Court.
If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.
Sd/JUDGE
cbc
1 issue framed by the court
Whether applicant is entitled to bail in proceedings for offences under NDPS Act given investigation is completed and co-accused granted bail.
2 provisions across 2 enactments
Manikanta
State of Karnataka
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
