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Makdum @ Makdum Shariff v/s State of Karnataka, Rep. by HCGP, Bangalore

    Criminal Petition Nos. 3062, 3484 of 2020

    Decided On, 15 September 2020

    At, High Court of Karnataka


    For the Petitioners: Sirajuddin Ahmed, M. Premkumar, Advocates. For the Respondent: K.S. Abhijith, HCGP.

Judgment Text

(Prayer: These Criminal petitions filed U/S.439 of Cr.P.C. praying to enlarge the petitioners on bail in Cr.No.34/2020 (Spl.C.C.No.99/2020) of Koratagere Police Station, Tumakuru District for the offence p/u/s 20(B) of NDPS Act.)Through Video Conference:1. The petitioners have filed these petitions under Section 439 of the Cr.P.C. seeking for regular bail in Cr.No.34/2020 of Koratagere Police Station registered for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Makdum @ Makdum Sharif, the petitioner in Crl.P.No.3062/2020 is arraigned as accused No.1, while Naheem @ Naheem Ahamed, the petitioner in Crl.P.No.3484/2020 is arraigned as accused No.2.2. The bail petition filed by accused No.1 before the Principal District and Sessions Judge, Tumakuru in Crl.Misc.No.338/2020 came to be rejected on 23.03.2020. While the bail petition filed by accused No.2 before the Principal District and Sessions Judge, Tumakuru in Crl.Misc.No.136/2020 came to be rejected on 27.05.2020. Hence, they are before this Court seeking for bail under Section 439 of Cr.P.C.3. The learned counsel for the petitioners submitted that it is the case of the prosecution that on 17.02.2020 at 7.00 a.m. the respondent-police intercepted Hyudai I20 car bearing No.KA-51-MB-8731 in front of the Koratagere town Government Degree College on Madhugiri- Tumakuru road, within the jurisdiction of Koratagere Police Station, when it was coming from Madhugiri towards Tumakuru. There were five persons inside the car namely A1-Makdum Shariff, A2-Nayeem Ahamad @ Nayyu, A3- Khamil Pasha @ Khamil, A4-Sadhik @ Thal @ Goru and A5-Salman @ Binga. However, Accused Nos. 4 and 5 escaped, while accused Nos. 1 to 3 were apprehended. On a search, inside the vehicle in the presence of Gazetted Officer, it was found that they were unauthorisedly carrying cannabis worth Rs.1.00 lakh in five bundles totally weighing 10 Kgs and 350 grams, thereby committed offence punishable under Section 20 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985.4. After completion of the investigation by Koratagere Police, charge-sheet is filed in Spl.C.C.No.99/2020.5. It was submitted by learned counsel for petitioners that they are languishing in jail since the date of their arrest on 17.02.2020. It was submitted that they are innocent and have been falsely implicated. It is also submitted that accused No.3 who is facing similar charge, has been granted bail by this Court, in Crl.P.No.3252/2020 vide order dated 28.08.2020. It is submitted that the complaint is registered against five accused and the allegations against them are similar. Hence, they sought for bail on the ground of parity.6. Learned High Court Government Pleader opposed the petition on the ground that the petitioners were caught red handed. The seizure was in the presence of Gazetted Officer by following due procedure. The quantity of cannabis seized is intermediate, hence they are not entitled for bail.7. Heard the learned counsel for the petitioners and the learned HCGP for respondent and perused the petitions and documents furnished.8. There are no separate or specific allegations against each of the accused. All of them are facing similar charges. It is not mentioned in the charge-sheet regarding the exact quantity of cannabis seized in respect of each of the petitioners. Even the report confirming that seized article is cannabis is not yet received. All these have to be established during trial. The investigation having been completed and charge-sheet filed, the petitioners are not required for any further investigation. That apart this Court has granted bail to accused No.3 in Crl.P.No.3252/2020 and the petitioners would also be entitled for bail on the ground of parity.Hence, the following:ORDER(i) The Criminal petitions are allowed.(ii) The petitioners i.e., accused Nos.1 and 2 shall be released on bail in Crime No.34/2020 of Koratagere P.S., for the offence under Section 20(b) of NDPS Act, 1985, on executing a personal bon

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d in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the like sum to the satisfaction of the Jurisdictional Court.(iii) They shall not tamper with the prosecution witnesses either directly or indirectly.(iv) They shall furnish their correct address and shall intimate the change of address, if any.(v) The petitioners shall not involve in any criminal activities.(vi) They shall be regular in attending the Court proceedings.