Bench dismissed bail petition for ganja cultivation under NDPS Act, ruling that petitioner in exclusive possession of leased land and investigation pending requiring interrogation, preventing release on parity grounds.
Bail petition dismissed; petitioner remains in custody for further interrogation.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2nd DAY OF MARCH, 2021 BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.390/2021
BETWEEN:
Rudresh S/o. Madletappa Aged 45 years, Occ: Agriculture R/o.Anthapura Koracharahatty Village Sandur Taluk Bellary Dist.-577 523 .. Petitioner
(By Sri Shivashankar S.K., Advocate)
AND:
State of Karnataka By Rampur Police Chitradurga Rep.by SPP High Court Buildings Dr.Ambedkar Veedhi Bengaluru-560 001 .. Respondent
(By Smt.Rashmi Jadhav, HCGP)
This Criminal petition is filed under Section 439 of Cr.P.C. praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in CR.No.97/2020 registered by Rampura Police Station, Chitradurga for the offences punishable under Sections 8, 20(a)(b) of NDPS Act.
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This Criminal petition coming on for orders, this day, the Court made the following:
O R D E R
This petition is filed by accused No.1 under Section
439 of Cr.P.C. for granting regular bail in Crime No.97/2020, registered by Rampura Police Station, Chitradurga District for the offences punishable under Sections 8, 20(a)(b) of Narcotic Drugs and Psychotropic Substances Act.
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weighing 9871.23 Kgs. and arrested the petitioner along with other accused persons. Petitioner along with the other accused persons approached the Sessions Court by filing a petition for grant of bail which came to be rejected. Hence, he is before this Court.
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has committed the alleged offence. He has grown huge quantity of ganja weighing nearly ten tonnes by obtaining the land in question on lease basis from accused Nos.3 to 5 and the offence committed by the petitioner is a heinous one. The entire allegation is against this petitioner. Investigation is still in progress and petitioner is required for custodial interrogation and therefore she prayed for rejection of the petition.
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“9. It is the specific contention of the learned counsel appearing for accused No.2 that accused No.2 is in no way concerned with the land in question and he has only attested the lease deed and got executed by accused Nos.3 to 5 in favour of accused No.1. On perusal of the records, it indicates that no role has been played in so far as accused No.2 is concerned in cultivating the land. Whether he has attested the lease deed only to create a document is a matter which has be considered and appreciated during the course of trial.”
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in exclusive possession of the land in question, which goes to show that he has grown ganja nearly weighing ten tones. The offence committed by this petitioner is a heinous one. Investigation is still pending and the presence of the petitioner is very much necessary for interrogation. Hence, petitioner cannot be granted bail even on parity ground.
Accordingly, the petition is dismissed .
SD/JUDGE
*ck/-
2 issues framed by the court
Whether the petitioner should be granted regular bail under Section 439 Cr.P.C. for offences under NDPS Act.
Whether the ground of parity with co-accused granted bail warrants release of the petitioner.
2 provisions across 2 enactments
Rudresh S/o. Madletappa
State of Karnataka
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
