At, High Court of Karnataka
By, THE HONOURABLE MR. JUSTICE ASHOK S. KINAGI
For the Petitioner: B. Chethan, Advocate. For the Respondent: K.P. Yashodha, HCGP.
(Prayer: This Criminal Petition is filed Under Section 438 of Cr.P.C. praying to enlarge the petitioner on Bail in the event of his arrest in Cr.No.85/2020 Pension Mohalla P.S., Hassan District, for the offence p/u/s 20(B), 8(A) of NDPS Act.)1. Petitioner has filed this petition seeking for anticipatory bail.2. The brief facts of the case are that on 15.07.2020 a suo-motu complaint was registered by the police in Crime No.85/2020 for the offences punishable under Sections 8(a) and 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act' for short) alleging that at about 9.00 pm., when the complainant was in the office, at that time, he got a credible information from the informant that, one Jameer had brought ganja leaves from Mysore side and kept the same in the house of Amjad, Tippu Nagar, Hassan City, for the purpose of selling the same. He informed the same to the Superintendent of Police who in turn stated to register the case in the concerned police station and to carry out the investigation. Hence, the respondent-Police through Lokesh, HC-104 registered a criminal case in Crime No.85/2020 for the offences punishable under Sections 8(a) and 20(b) of the Act.3. During the course of investigation, petitioner No.1 was arrested and based on the voluntary statement of accused Nos.2 and 3, petitioner is implicated as accused No.2 and later he is ranked as accused No.1. The petitioner filed an application under Section 438 of Cr.P.C. before the trial Court. The trial Court rejected the application. Hence, the petitioner has filed this petition.4. Heard the learned counsel appearing for the petitioner and the learned HCGP for the respondent - State.5. Learned counsel appearing for the petitioner submits that based on the voluntary statement of accused Nos.2 and 3, petitioner is implicated as accused No.1 in the alleged offence. He further submits that the quantity of ganja seized by the police is not a commercial quantity and that the petitioner is an innocent person. He further submits that the petitioner has been wrongly implicated in Crime No.51/2020. If he is arrested, his image in the society will be blemished. Hence, he seeks to allow the petition.6. Per contra, learned HCGP for the respondent-State opposes the petition on the ground that the ganja has been seized from the house of the petitioner and he is also involved in Crime No.51/2020. He has got the record of criminal antecedents. If he is released on bail, there is every chance of committing the similar offence. Hence, she prays to dismiss the petition.7. Perused the records. The complainant based on the credible information that this petitioner is brining ganja leaves from Mysore side and kept the same in the house of Amjad, Tippu Nagar, Hassan City, for the purpose of selling the same and further based on the information and as per the direction of Superintendent of Police, FIR was registered. From the perusal of the records, ganja leaves has been seized from the house of Amjad and the report of the Investigating Officer indicates that petitioner is the person who brought ganja leaves frequently and was selling the same. That on 19.04.2020 a case was registered in Pension Mohalla Police Station in Crime No.51/2020 for the offences punishable under Sections 8(a) and 20(b) of the Act. In both the cases, the offences alleged against the accused person are the same offence. The petitioner is in the habit of illegally possessing the ganja leaves frequently and selling the same and further the petitioner has got the criminal antecedents. If bail
Please Login To View The Full Judgment!
is granted to the petitioner, there is likelihood of committing similar offence by the petitioner and further there is every chance of flew away and may try to cause obstruction in the investigation and also cause delay in the trial. Hence, in view of the above observation, I do not find any ground to allow the petition and the petitioner is not entitled for bail. Accordingly, petition is rejected.