Allowed

Tgm Amith S/O. Vijaya Kumar v. the State of Karnataka

Karnataka HC12 Sept 2023CRL.P/102076/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a bail petition under Section 438 CrPC filed by a student accused of purchasing and selling ganja. The court imposed stringent bond conditions including personal bail sum, appearance before investigation officer within 15 days, non-tampering with witnesses, and abstinence from criminal activities.

What did the court decide?

Petitioner released on bail subject to execution of personal bond of Rs. 1,00,000 with sureties, appearance before IO within 15 days, cooperation with investigation, and strict prohibitory conditions.

Tgm Amith S/O. Vijaya Kumar Vs the State of Karnataka — Narcotics (NDPS) | Karnataka HC (2023)

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NC: 2023:KHC-D:10424 CRL.P No. 102076 of 2023

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 102076 OF 2023 (438-)

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BETWEEN:

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TGM AMITH S/O. VIJAYA KUMAR, AGED ABOUT 22 YEARS, OCC: STUDENT, R/O: NAHAR COLONY, MPP NAGAR, HOSAPETE, VIJAYA NAGAR DISTRICT-583201.

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…PETITIONER

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(BY SRI. T HANUMAREDDY, ADVOCATE)

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AND:

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CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.14 12:44:33 +0530

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THE STATE OF KARNATAKA, THROUGH PSI, TOWN POLICE STATION, HOSAPETE, DIST. VIJAYANAGARA, R/BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011.

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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/SEC. 438 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.6 ON BAIL IN THE EVENT OF ARREST IN CRIME NO.42/2023 ON THE FILE OF THE HOSAPETE TOWN POLICE STATION, HOSAPETE AND NOW PENDING IN SPECIAL CASE NO.478/2023 ON THE FILE OF THE PRL. DISTRICT AND SESSION JUDGE AT BALLARI FOR OFFENCE U/S 20(b)(ii)(B) OF THE NDPS ACT 1985.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2023:KHC-D:10424 CRL.P No. 102076 of 2023

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ORDER

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Petitioner who is arraigned as accused No.6 has filed this petition seeking anticipatory bail in Crime No.42/2023 for the offences punishable under Section 20(b)(ii)(B) of Narcotic Drugs And Psychotropic Substances Act, 1985 (for short, “NDPS Act”).

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In support of his petition, petitioner has contended that he is innocent of the offences alleged. There is no question of he purchasing Ganja and handing over to accused No.1. Only to harass him, he is arraigned as accused. Though alleged offences are non-baiable and it is not exclusively punishable with death or imprisonment for life. Petitioner apprehends his arrest at the instance of respondent-Police. He is a student and the permanent resident of address given in the cause title. He is ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

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Learned High Court Government Pleader submitted oral objections stating that on 10.04.2023, on receipt of credible information regarding sale of Ganja

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NC: 2023:KHC-D:10424 CRL.P No. 102076 of 2023

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since 2-3 days at public park, near water tank, Jambunatha Road, Balaji Colony of Hosapete, PSI of Pattan Police Station, Hosapete, submitted report. On the basis of the said report, the investigating officer has conducted the raid and arrested the accused No.1 and from his possession Ganja totally weighing 1.776 KG is seized through mahazer. Based on the voluntary statement of accused No.1, remaining accused including the petitioner are implicated. In order to ascertain from where petitioner was getting Ganja his custodial interrogation is necessary and prays to reject the petition.

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Heard the arguments and perused the material.

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It is the definite case of the prosecution that

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the accused No.1 initially used to consume Ganja and later on engaged himself in the sale of Ganja. For this purpose, he used to purchase Ganja from accused Nos.2 to 9. On 10.04.2023, on the basis of the report submitted by PSI Pattan Police Station, Hosapete, investigating officer conducted raid and apprehended the accused No.1 and from their possession seized 1.776 KG of Ganja. His

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4 - NC: 2023:KHC-D:10424 CRL.P No. 102076 of 2023

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voluntary statement revealed that he used to purchase Ganja from remaining the accused including petitioner. Consequently, remaining persons are included as accused. Now apprehending his arrest petitioner is before this Court seeking anticipatory bail. Except voluntary statement of accused No.1, there is nothing to connect the petitioner/accused No.6 with the alleged recovery. Already accused No.5 is granted anticipatory bail in Criminal Petition No.101311/2023. Accused No.1 is also granted regular bail in Criminal Petition No.101346/2023. So far as this case is concerned, already recovery is made.

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In the facts and circumstances of the case, this Court is of the considered opinion that petitioner/accused No.6 is also entitled for anticipatory bail. The interest of the prosecution is required to be safeguarded by imposing conditions stringent conditions. Accordingly, following:

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ORDER

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Petition is allowed.

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In the event of his arrest in Crime

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No.42/2023 for the offences punishable under

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NC: 2023:KHC-D:10424 CRL.P No. 102076 of 2023

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Section 20(b)(ii)(B) of NDPS Act,

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Petitioner/accused No.6 shall be released on bail,

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subject to following:

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CONDITIONS

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a) Petitioner/accused No.6 shall execute a personal bond in a sum of Rs.1,00,000/with two sureties for the like-sum.

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b) Petitioner/accused No.6 shall appear before

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the investigating officer within a period of 15 days and execute the bail bond and offer surety.

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c) Petitioner/accused No.6 shall make himself available for the purpose of investigation as and when required and he shall co-operate

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with the investigation.

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d) Petitioner/accused No.6 shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.

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e) Petitioner/accused No.6 shall not tamper with the prosecution witnesses either directly or indirectly.

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f) Petitioner/accused No.6 shall not indulge in any criminal activities.

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g) Petitioner/accused No.6 shall be regular in attending the Court proceedings.

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SD/JUDGE

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AC List No.: 1 Sl No.: 8

Tgm Amith S/O. Vijaya Kumar v. the State of Karnataka

Case brief

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Tgm Amith S/O. Vijaya Kumar v. the State of Karnataka

Case brief

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