Bheemaraju @ Bheema Vs State of Karnataka

THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.327/2024 OF KORATAGERE POLICE, FOR OFFENCES P/U/S 20(a)(b),29 OF NDPS ACT, 1985, PENDING BEFORE THE

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COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUMAKURU.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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This petition is preferred by accused No.2 in crime No.327/2024 of Koratagere Police Station registered for offence punishable under Sections 20(a)(b) and 29 of Narcotic Drugs And Pyschotropic Substance Act, 1985.

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Heard the learned counsel for petitioner and learned High Court Government Pleader for

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respondent/State and perused the material on record.

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The above case was registered based on a report submitted by the PSI of Koratagere Police Station.

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It is the case of prosecution that at about 8.30 a.m., on 12.12.2024, first informant received a credible information about illegal possession of ganja by the accused persons near Biradenahalli Gate, Thumbadi Siddarabetta road, Koratagere Taluk. He forwarded the

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information to his immediate Superior Officer and went to the spot along with staff and panchas. They apprehended accused Nos.1 and 2, who on enquiry disclosed their names and address. They were found in possession of ganja, concealed in plastic bags.

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According to prosecution, from accused No.1, four packets of dry ganja leaves and from accused No.2, two packets of dry ganja leaves weighing about 70 gms. were seized. It is the further case of prosecution that accused confessed that they have grown ganja at Siddarabetta forest area. 2 kg 240 gms. of ganja leaves and stems weighing 340 gms. were seized from the said place.

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Learned HCGP has opposed the petition contending that the accused have grown ganja plants and ganja leaves were dried and 2 kg 240 gms. of ganja leaves and stems weighing 340 gms. were seized on their confessional statement, hence, there is a prima-facie case against the petitioner. He contended that, in the event of

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grant of bail to the petitioner, he may commit similar offence and also flee from justice.

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As per prosecution, from the exclusive

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possession of the accused, packets containing 70 gms. of ganja was seized. The remaining ganja was seized from a forest area.

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The contention of learned counsel for petitioner

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is that ganja allegedly seized from a forest area cannot be said to be grown by the petitioner. It is contended that even otherwise ganja seized in this case is not a commercial quantity. The petitioner is in judicial custody since 13.12.2024.

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Even though prosecution has alleged that both the accused led the police and panchas to Siddarabetta forest area from where ganja weighing about 2 kg and 240 gms. and another 340 gms. were seized, it has to be established during trial that it was grown or stored by the accused. Be that as it may, ganja seized in this case is not a commercial quantity. The petitioner has no criminal

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antecedents. He has undertaken to furnish sufficient

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surety to ensure his presence before the trial court.

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In the facts and circumstances, by imposing stringent conditions, relief sought for by petitioner can be granted. Accordingly, the following :

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ORDER

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Petition is allowed .

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Petitioner/accused No.2 in Crime No.327/2024 of Koratagere Police Station pending on the file of the Court of Principal District and Sessions Judge, Tumakuru shall be enlarged on bail, subject to following conditions:

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He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.

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