Bail under Section 439 Cr.P.C. sought by accused No.2 in a case alleging 3.20 kgs ganja recovered from co-accused No.1's shop. Allegations against accused Nos.2 and 3 were similar; accused No.3 was granted bail earlier. Granting parity, the court allowed the petition with conditions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5448 OF 2024
BETWEEN:
KEERTHY RAJ S/O THIMEGOWDA AGED ABOUT 22 YEARS R/AT PEMMANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 111.
…PETITIONER
Digitally signed by BHARATHI S Location: high court of karnataka
(BY SRI. PANDURANGA .G., ADVOCATE)
AND:
STATE OF KARNATAKA BY DABBASPET P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
…RESPONDENT
(BY SMT. K.P. YASHODHA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.80/2024 REGISTERED IN DOBBESPET POLICE STATION, BENGALURU DISTRICT, FOR THE OFFENCE P/U/S 20(B) OF NDPS ACT, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, NELAMANGALA, BENGALURU RURAL DISTRICT.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused No.2 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No. 80/2024 of Dobbespet Police Station, pending on the file of the learned Principal Civil Judge (Jr.Dn) & JMFC Court, Nelamangala, Bengaluru Rural District, registered for the offences punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), on the basis of the first information lodged by the informant - Vijayakumar M.CPSI.
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for the following:
R E A S O N S
NC: 2024:KHC:22377 CRL.P No. 5448 of 2024
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.80/2024 of Dobbespet Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a
NC: 2024:KHC:22377 CRL.P No. 5448 of 2024
report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/JUDGE
SPV
List No.: 1 Sl No.: 29
1 issue framed by the court
Whether the petitioner, accused No.2 in an NDPS ganja recovery case, is entitled to bail under Section 439 Cr.P.C. on parity with co-accused No.3 who was already released?
2 provisions across 2 enactments
Keerthy Raj S/o Thimegowda
State of Karnataka by Dabbaspet P.S.
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
