Criminal petition filed to enlarge petitioner on bail for NDPS offence involving commercial quantity of ganja. Bench denied bail citing prior dismissal of similar plea and incomplete evidence appraisal stage.
Petitioner's bail petition under Section 439 Cr.P.C. dismissed; petition for enlargement on bail rejected.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 8790 OF 2024
BETWEEN:
…PETITIONER
(BY SRI. DEVARAJA P., ADVOCATE)
AND:
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SMT.K.P.YASHODA, HCGP)
CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.90/2021 OF SUDDUGUNTEPALYA POLICE FOR OFFENCE P/U/S 20(b) OF NDPS ACT, PENDING ON THE FILE OF THE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE (NDPS) BANGALORE, CCH-33 ON SUCH TERMS AND CONDITIONS.
NC: 2024:KHC:46603 CRL.P No. 8790 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner-accused No.1 is before this Court
seeking grant of bail under Section 439 of Cr.P.C. in Crime No.90/2021 of Sudduguntepalya Police Station, registered
for the offences punishable under Section 20(b) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS), pending on the file of learned XXXIII Additional City Civil and Sessions Judge & Special Judge (NDPS), Bengaluru, on the basis of first information lodged by the informant.
“Whether the petitioner is entitled
for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘negative’ for the following:
R E A S O N S
investigating officer, and after investigation, the charge sheet came to be filed. About 114 kgs. of ganja, which is of commercial quantity, was seized by the investigating officer. The petitioner had approached this Court by filing Crl.P.No.5641/2024 along with the co-accused. The said petition came to be dismissed on merits, forming an opinion that the petitioner is not entitled for grant of bail.
NC: 2024:KHC:46603 CRL.P No. 8790 of 2024
entertain the petition and to enlarge the petitioner on bail.
ORDER
The petition is dismissed .
Sd/(M G UMA) JUDGE
CM
List No.: 3 Sl No.: 6
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?
1 provisions across 1 enactments
SEELAM NAGAVENKATA SAI CHARAN
STATE OF KARNATAKA
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
