Karnataka High CourtKiran @ Bangarappa vs State By K. G. Nagar P S on 12 October, 2023Author:S Vishwajith ShettyBench:S Vishwajith Shetty-1-\n                                                          NC: 2023:KHC:37227\n                                                      CRL.P No. 8855 of 2023\n\n\n\n\n                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU\n\n                          DATED THIS THE 12TH DAY OF OCTOBER, 2023\n\n                                          BEFORE\n                      THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY\n                            CRIMINAL PETITION NO. 8855 OF 2023\n                   BETWEEN:\n\n                   KIRAN @ BANGARAPPA,\n                   AGED ABOUT 26 YEARS,\n                   S/O. MOHAN,\n                   R/AT NO. 19,\n                   2ND CROSS, MAGADI ROAD,\n                   NEAR K.P. AGRAHARA POLICE STATION,\n                   K.P. AGRAHARA,\n                   BENGALURU-560 018.\n                                                               ...PETITIONER\n                   (BY SRI. PRASANNA RAO R., ADVOCATE)\n\n                   AND:\n\n\nDigitally signed\n                   STATE BY K.G. NAGAR P S.,\nby B A\nKRISHNA\n                   REP. BY STATE PUBLIC PROSECUTOR,\nKUMAR\nLocation: HIGH\n                   HIGH COURT OF KARNATAKA,\nCOURT OF\nKARNATAKA\n                   BENGALURU - 560 001.\n                                                              ...RESPONDENT\n                   (BY SMT. N ANITHA GIRISH, HCGP)\n\n                        THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO\n                   ENLARGE THE PETITIONER ON BAIL IN CR.NO.134/2022 OF\n                   KEMPEGOWDA NAGAR P.S., BANGALORE FOR THE OFFENCE\n                   P/U/S 20(b)(ii)(c),27(a) OF NDPS ACT ON THE FILE OF THE\n                   XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL.\n                   JUDGE FOR NDPS CASES, BANGALORE (CCH-35) IN\n                   SPL.C.C.NO.688/2023.\n                               -2-\n                                          NC: 2023:KHC:37227\n                                     CRL.P No. 8855 of 2023\n\n\n\n\n     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,\nTHE COURT MADE THE FOLLOWING:\n                          ORDERAccused No.5 in Crime No.134/2022 registered by\n\nKempegowda Nagar Police Station, Bengaluru City, for\n\noffences punishable under Sections 20(b)(ii)C and 27-A of\n\nNarcotic Drugs and Psychotropic Substances Act, 1985(hereinafter referred to as the 'Act of 1985') is before this\n\nCourt seeking regular bail.2.    Heard the learned counsel for the parties.3.    On the complaint of Sri.Praveen Hosur, Sub-\n\nInspector of Kempegowda Nagar Police Station, SHO of\n\nKempegowda Nagar Police had registered F.I.R. in Crime\n\nNo.134/2022    for the aforesaid     offences   against   one\n\nSri.Nawaz Pasha and six others.        Petitioner has been\n\narraigned as accused No.5 in the F.I.R. As per complaint\n\naverments,    complainant      had   received   a   credible\n\ninformation on 12.09.2022 that within the limits of\n\nKempegowda Nagar Police Station, five persons including a\n\nlady were selling huge quantity of narcotic drug ganja.-3-NC: 2023:KHC:37227CRL.P No. 8855 of 2023After completion of mandatory requirements as provided\n\nunder the Act of 1985, complainant raided the spot along\n\nwith his staff and independent panchas and found that\n\naccused persons had kept ganja for selling in autorickshaw\n\nand also in two wheeler. Petitioner and another were\n\nfound to be in a two wheeler. Accused persons were\n\napprehended and on search it was found that accused\n\npersons had kept ganja in plastic bag in the autorickshaw\n\nas well as in the two wheeler.       The contraband article\n\nganja was seized under a mahazar and total weight of the\n\nganja seized was 66 kg and 700 grams. Accused and the\n\nseized contraband article were brought to the Police\n\nStation   and   thereafter,    produced   before   the   Court.\n\nPetitioner's bail application filed before the Court of XXXIV\n\nAdditional City Civil and Sessions Judge and Special Judge,\n\n(NDPS),    Bengaluru      in    Crl.Misc.No.4738/2023      was\n\ndismissed on 13.06.2023. Under these circumstances,\n\npetitioner is before this Court.-4-NC: 2023:KHC:37227CRL.P No. 8855 of 20234.   Learned     counsel    for   the     petitioner   having\n\nreiterated the    grounds in the       petition submits       that\n\nsimilarly placed accused No.4 has already been enlarged\n\non bail in Crl.P.No.4045/2023. The petitioner has no\n\ncriminal antecedents. The total quantity of ganja seized\n\nfrom the two wheeler in which the petitioner who was\n\nfound along with accused No.4 is 16kg 700 gms.5. Per-contra, learned HCGP has opposed the bail\n\napplication and submits that the total quantity of ganja\n\nseized from accused Nos.1 to 5 is 66kg 700 gms and\n\ntherefore, in view ofsection 37(1) (b)of the Act of 1985,\n\nthe petitioner is not entitled for bail.6. Investigation in the case is completed and charge\n\nsheet has been filed. The material on record would go to\n\nshow that the complainant had found an autorickshaw and\n\na two wheeler in the spot, when he conducted the raid.\n\nPetitioner and accused No.4 were found on the two\n\nwheeler, while accused Nos.1 to 3 were found in the-5-NC: 2023:KHC:37227CRL.P No. 8855 of 2023autorickshaw. From the two wheeler, two plastic bags\n\nwere seized. In the said two bags, totally 16kg of ganja\n\nwas found. In the plastic bag, which was found on the\n\nshoulder of the accused no.4, 700 grams of ganja was\n\nseized. Therefore, from the possession of the petitioner\n\nand accused No.4, total ganja weighing 16 kg 700 grams\n\nwas seized. Considering the aforesaid aspects of the\n\nmatter, this Court has granted regular bail to accused No.4\n\nin   Crl.P.No.4045/2023       which   was   disposed   of   on\n\n28.08.2023. Since the contraband article seized from the\n\npossession of the petitioner and accused No.4 does not\n\namount to commercial quantity, rigor undersection 37(1)(b) of Act would not applicable to the case on hand. Under\n\nthese circumstances, I am of the view that, petitioner has\n\nmade out a prima facie case for grant of regular bail.\n\nAccordingly, the following:ORDER\n\n      The petition is allowed.-6-NC: 2023:KHC:37227CRL.P No. 8855 of 2023The petitioner is directed to be enlarged on bail in\n\nCrime No.134/2022 registered by Kempegowda Nagar\n\nPolice Station, Bengaluru City, for offences punishable\n\nunderSections 20(b)(ii)C and 27-A of Narcotic Drugs and\n\nPsychotropic Substances Act, 1985subject to the following\n\nconditions:a)   The petitioner shall execute a personal\n     bond for a sum of Rs.1,00,000/- (Rupees One\n     Lakh only) with two sureties for the likesum, to\n     the satisfaction of the jurisdictional Court;b)   The petitioner shall appear regularly on all\n     the dates of hearing before the Trial Court\n     unless the Trial Court exempts his appearance\n     for valid reasons;c)   The       petitioner   shall     not    directly    or\n     indirectly     threaten     or    tamper       with     the\n     prosecution witnesses;d)   The       petitioner    shall    not    leave      the\n     jurisdiction     of   the     Trial    Court     without\n     permission of the said Court until the case\n     registered against him is disposed off.-7-NC: 2023:KHC:37227CRL.P No. 8855 of 2023e)    The petitioner shall not involve in similar\n      offences in future.f)    If any one of the bail condition is violated,\n      the State shall be at liberty to seek cancellation\n      of this bail order.SD/-JUDGE\n\nMNList No.: 1 Sl No.: 31CT:SNN