Allowed

Keerthan Shetty v. State of Karnataka

Karnataka HC19 Mar 2021CRL.P/1104/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the bail petition in a narcotics case. Considering the delay in filing the charge sheet beyond 180 days and the small quantity of LSD (micrograms) as non-commercial, the court granted bail subject to conditions, distinguishing the case from a prior dismissal where commercial quantities were involved.

What did the court decide?

Petitioner released on bail with a bond of Rs. 2,00,000 and two sureties, subject to no threat to witnesses, regular trial appearances, fortnightly police reporting, no exit from jurisdiction, and no

Keerthan Shetty Vs State of Karnataka — Narcotics (NDPS) | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF MARCH, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL PETITION NO.1104/2021

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BETWEEN:

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KEERTHAN SHETTY, S/O GANESH SHETTY, AGED ABOUT 22 YEARS, R/AT D.NO.5-53, KARAMBU KERE, NEAR LIONS CLUB, JAPPINAMOGARU, MANGALURU, D.K.DISTRICT-574 142.

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PETITIONER

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(BY SRI HASMATH PASHA, SENIOR COUNSEL FOR SRI SHAMANTH NAIK, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY SHO, ECONOMIC AND NARCOTIC CRIME POLICE STATION, D.K.MANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001.

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RESPONDENT

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(BY SRI K.NAGESHWARAPPA, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.28/2020 OF E AND N CRIME P.S. MANGALORE CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 21, 21(c) OF N.D.P.S. ACT.

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THIS CRIMINAL PETITION PERTAINING TO PRINCIPAL BENCH, BENGALURU, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING AT DHARWAD, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Accused No.3 has approached this court again under Section 439 Cr.P.C. seeking bail. His earlier bail application in Criminal Petition No.6194/2020 was dismissed on 10^th December, 2020 on the ground that the recovery made from him was a commercial quantity substance.

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Heard Sri Hasmath Pasha, learned senior counsel for the petitioner and Sri K.Nageshwarappa, learned High Court Government Pleader.

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It is argued by Sri Hasmath Pasha that the petitioner was arrested on 19.09.2020. The police filed charge sheet defectively without FSL report and therefore the trial court did not accept the charge sheet, it was returned. Therefore, charge sheet is not filed within 180 days. The State has also not sought extension of time for filing the charge sheet. In this view, the petitioner

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becomes entitled to be released on bail under Section 167 Cr.P.C. In this connection, he refers to the judgment of Hon’ble Supreme Court in the case of Rakesh Kumar Paul V/s State of Assam, (2017) 15 SCC 67.

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He further argues that the substance is LSD soaked in a paper strip. The quantity absorbed by this paper strip is in microgrammes. Totally ten strips were seized from the petitioner and therefore the total quantity of the LSD does not exceed 500 microgrammes which is a small quantity. In this view, Section 37 of N.D.P.S. Act is not applicable. Therefore, bail is to be granted.

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Sri K.Nageshwarappa submits that on the earlier occasion, this court rejected bail noticing the fact that the substance seized from the petitioner was commercial quantity. There is no change in circumstance. Hence, bail cannot be granted.

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In the case of Rakesh Kumar Paul, it is clearly held that if charge sheet is not filed within the statutory period, it is not necessary that the accused should be

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directed to approach the trial court by making an application under Section 167 Cr.P.C. The High Court can directly consider it, even an oral application is sufficient. In this view of the matter, though the bail application is filed under Section 439 Cr.P.C., taking note of the fact that the charge sheet has not been filed yet although 180 days as prescribed under the N.D.P.S. Act is over.

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According to the manual for use published by National Narcotics Laboratories United Nations, the paper dosages forms are produced by soaking preprinted paper in a solution of LSD, thereby ensuring a more uniform product. These sheets are perforated into squares of approximately 5 mm² in size each containing a typical dose of 30-50 microgrammes of LSD. If this is considered, the total quantity of LSD seized from the petitioner may come to 500 microgrammes which is a small quantity. Therefore, Section 22(a) of N.D.P.S. Act is applicable and Section 37 cannot be invoked.

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Having regard to the above aspects of the matter, I come to conclusion that the petitioner can be admitted to bail by subjecting him to conditions. Hence the following:

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ORDER

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Petition is allowed. Petitioner shall be released on bail on obtaining from him a bond for `2,00,000/- (Rupees two lakhs only) and two sureties for the likesum to the satisfaction of the trial court.

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The petitioner is also subjected to the following conditions:

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(i) He shall not threaten the witnesses and destroy the evidence in whatsoever manner.

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(ii) He shall regularly appear before the trial court till conclusion of trial.

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(iii) Till conclusion of trial, he shall mark his attendance in the respondent-police station once in a fortnight preferably on Sunday between 9.00 a.m. and 12.00 noon.

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(iv) He shall not leave the jurisdiction of the trial court till conclusion of trial without prior permission.

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(v) He shall not get involved in any criminal case in future.

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Violation of any of the conditions will be seriously viewed for cancellation of bail.

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Sd/JUDGE

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CLK

Keerthan Shetty v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Keerthan Shetty v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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