At, High Court of Karnataka
By, THE HONOURABLE MR. JUSTICE H.P. SANDESH
For the Petitioner: P.P. Hegde, Advocate (Video Conference). For the Respondent: K.S. Abhijith, HCGP.
(Prayer: This Criminal Petition is filed Under Section 439 of Cr.P.C. praying this court to enlarge the petitioner on bail in Cr.No.28/2020 of E and N Crime P.S., Mangaluru City for the offence punishable Under Sections 21 and 21(C) of NDPS Act.)Through Video Conference:1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.28/2020 of E and N Crime Police Station, Mangaluru City for the offences punishable under Sections 21 and 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State.3. The factual matrix of the case is that the petitioner secured the LSD to the extent of 20 pieces through Wickr Software and handed over the same to accused No.3 and accused No.3 in turn sold the same to accused No.1. Hence, a case has been registered against accused Nos.1 to 3.4. The learned counsel for the petitioner would submit that the petitioner was arrested on 15.09.2020 and prior to his arrest he had been to Dubai and his father had arranged visa. The documents also discloses that he visited Dubai on 03.09.2020 and on his return he was arrested. The presence of the petitioner is not required and he is already been in custody from 15.09.2020. The allegation against the petitioner that he secured 20 pieces of LSD has to be tested in trial and hence it is a fit case to exercise the powers under Section 439 of Cr.P.C.5. Per contra, the learned High Court Government Pleader appearing for the State would submit that the records reveals that the petitioner had secured 20 pieces of LSD through Wickr Software and there is an acknowledgment to that effect and he has signed the same. There is a prima facie material against the petitioner. Hence, he is not entitled for bail.6. Having heard the submissions of the respective counsel and also on perusal of the material, it is clear that 20 pieces of LSD was seized at the instance of accused No.1. Accused No.1 has revealed that he had purchased the same from accused No.3 and on enquiry, it is revealed that this petitioner supplied the same to accused No.3. The learned counsel for the petitioner would submit that only on the confession statement of accused No.2, the petitioner has been in custody and investigation has been completed. Having taken note of the quantum of LSD, though it is a commercial quantity and recovery is not at the instance of this petitioner and whether the petitioner indulged in securing the same or not, has to be tested in trial.7. Having taken note of the gravity of the offence, the material available on record and the fact that the petitioner has been apprehended only on the basis of the statement of the co- accused and he has been in custody based on the alleged confession statement, it is a fit case to exercise the powers under Section 439 of Cr.P.C. by imposing certain conditions to safeguard the interest of the prosecution.8. In view of the discussions made above, I pass the following:ORDERThe petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.28/2020 of E and N Crime Police Station, Mangaluru City for the offences punishable under Sections 21 and 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional
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Court.(ii) The petitioner shall not indulge in tampering the prosecution witnesses.(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.