Allowed

Basagouda Iragouda Patil v. the State of Karnataka

Karnataka HC21 Jul 2022CRL.P/102036/2022

Case brief

AI extract

What is this about?

Justice K. Natarajan allowed a bail petition filed under Section 439 CrPC by an accused facing charges under Section 20(b) of NDPS Act for possession of 2 kg 18 grams of ganja. The Court directed release pending trial on the execution of a bond and specific stringent conditions.

What did the court decide?

Petitioner enlarged on bail by executing a personal bond of Rs. 2,00,000 with surety, without tampering witnesses, offending similarly, and appearing weekly before the Investigating Officer.

Basagouda Iragouda Patil Vs the State of Karnataka — Narcotics (NDPS) | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF JULY 2022

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BEFORE

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THE HON’BLE MR.JUSTICE K. NATARAJAN

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CRIMINAL PETITION NO.102036/2022

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BETWEEN

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BASAGOUDA IRAGOUDA PATIL, AGE. 44 YEARS, OCC. AGRICULTURIST, R/O. BELLADA BAGEWADI VILLAGE IN HUKKERI TALUKA

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.....PETITIONER

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(BY SRI SHARAD MALGOUND PATIL, ADV.)

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AND

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THE STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH SHO CHIKODI PS

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…..RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CHIKODI P.S. CRIME NO.134/2022 FOR THE OFFENCES PUNISHABLE U/S 20(b) OF NDPS ACT, PENDING ON THE FILE OF THE COURT OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, AT BELAGAVI.

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THIS PETITION COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This criminal petition is filed by the accused No.1 under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’, for short) for granting bail in Crime No.134/2022 registered by Chikkodi Police for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’, for short) pending on the file of II Additional District and Sessions Judge, Belagavi, at Belagavi.

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Heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader for respondent.

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The case of the prosecution is that on the complaint of one, Yamanappa Mang, PSI, Chikkodi, the police registered the case. It is alleged that on 19.06.2022 at 7.15 a.m., he received information that some persons transporting ganja illegally in Bajaj Discovery Motorcycle bearing No.KA-49/L-6807. Accordingly, he

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intimated the same to the higher officer and recorded the same in the case diary. He along with panchas and gazetted officer, he went to the spot and apprehended the accuse Nos.1 and 2 at 12.00 noon. On enquiry, they have not given satisfactory explanation and he found one plastic bundle containing 2 kg 18 grams of dried ganja and Rs.1,050/- of cash from the possession of this petitioner. The same was seized under a panchanama. The accused were arrested and remanded to judicial custody. The bail petition filed by this petitioner came to be rejected by the Sessions Court. Hence, he is before this Court.

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Learned counsel for petitioner contended that petitioner is innocent of the alleged offences. There is no recovery from this petitioner except cash of Rs.1,050/-. The quantity of seized ganja is not a commercial quantity. Accused No.3 has already been granted bail by the Sessions Court. The petitioner is in custody for more than one month and he is ready to abide by any conditions imposed by this Court. Hence, he prayed for grant of bail.

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Per contra, learned High Court Government Pleader seriously objected the bail petition.

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Having heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader for respondent, perused the records.

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On perusal of the records reveal that the police intercepted the motorcycle which was ridden by this petitioner along with accused No.2 and they found 2 kg 18 grams dried ganja kept in a bag in the motorcycle which was seized by the police under a panchanama. Of course, the cash of Rs.1,050/- was seized from the possession of this petitioner and the bag was seized from the vehicle. The accused No.3 is said to have released on bail by the Sessions Court. The quantity of seized ganja is 2 kg 18 grams which is double the small quantity and less than the commercial quantity. The petitioner is in custody for more than one month and he is the bread earner of his family. Therefore, considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that by imposing stringent conditions if the petitioner is enlarged on bail, it will not prejudice the case of the prosecution. Accordingly, I pass the following order:

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The criminal petition is allowed. The trial Court is directed to release the petitioner/accused No.1 on bail in Crime No.134/2022 of Chikkodi Police Station pending on the file of II Additional District and Sessions Judge, Belagavi, at Belagavi, subject to the following conditions:

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i. The petitioner shall execute a personal bond for a sum of `2,00,000/- (Rupees Two lakh only) with a surety for the likesum to the satisfaction of the Trial Court.

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ii. The petitioner shall not tamper the prosecution witnesses directly or indirectly.

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iii. The petitioner shall not indulge in similar offences.

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iv. The petitioner shall appear before the Investigating Officer on every Monday between 10.00 a.m. and 4.00 p.m. for a period of three months or till filing of charge sheet whichever is earlier.

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If any of the conditions is violated, then the prosecution is at liberty to move an application for cancellation of bail.

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Sd/JUDGE

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Naa

Basagouda Iragouda Patil v. the State of Karnataka

Case brief

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Basagouda Iragouda Patil v. the State of Karnataka

Case brief

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