Karnataka High CourtShivappa @ Shivananda Fakkirappa ... vs The State Of Karnataka on 23 June, 2021Author:Shivashankar AmarannavarBench:Shivashankar Amarannavar1\n\n\n\n\n              IN THE HIGH COURT OF KARNATAKA\n                      DHARWAD BENCH\n\n         DATED THIS THE 23 R D DAY OF JUNE, 2021\n                                BEFORE\nTHE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR\n\n         CRIMINAL PETITION NO.101540 OF 2020\n\n   BETWEEN\n\n   SHIVAPPA @ SHIV ANANDAPPA\n   FAKKIRAPPA SAVA DATTI @ KUPPANA VAR\n   AGED ABOUT 54 YEARS, OCC. AGRICULTURE,\n   NOW R/O. RAMAPUR SITE,\n   NEAR AMBABAVAN I TEMPLE,\n   SAVADATTI, DIST RICT. BELA GAVI.\n                                       ...PETITIONER\n   (BY SRI.ARAVIND D KULKARNI ,ADV.)\n\n   AND\n\n   THE STATE OF KARNATAKA\n   THROUGH BYAD GI POLI CE STATION\n   REP. BY STATE PUBLIC PROSECUTOR,\n   HIGH COURT OF K ARNATAKA,\n   DHARWAD.\n                                                 ...RESPONDENT\n\n   (BY SRI.RAVINDRA NAIK, HCGP)\n\n\n         THIS CRIMINAL PETITION IS FILED U/S 439 OF\n\n   CR.P.C.,    S EEKIN G   TO    A LLOW   T HE   PETITION   AN D\n\n   ENLARGE THE PET ITIONERS ON BAIL IN SPL. (NDPS)\n\n   CRIME NO.1/2011 REGISTERED FOR THE OFFENCES\n\n   PUNISHABLE UNDER SECTI ON 20( b) OF ND PS ACT .\n                                  2\n\n\n\n\n    THIS CRIMINAL PETITION COMING ON                       FOR\nORDERS  THIS  DAY,  THE   COURT MADE                       THE\nFOLLOWING:\n                           ORDERThis petition is filed by petitioner/accused No.1\n\nunder Section 439 of TheCode of Criminal Procedure,\n\n1973 (hereinafter referred to as the 'Cr.P.C.', for\n\nbrevity) seeking bail in Spl. (NDPS) Crime No.01/2011\n\nof (Crime No.59/2010 of Byadagi Police Station)\n\nregistered for the offence punishable underSection\n\n20(b)of    the   Narcotic       Drugs   and   Psychotropic\n\nSubstances Act, 1985 (hereinafter referred to as the\n\n'NDPS Act', for brevity).2.        The petitioner/accused No.1 is facing trial\n\nfor the offences punishable underSection 20(b)of\n\nNDPS Act in Spl.(NDPS) Crime No.1/2011 pending on\n\nthe file of learned Prl. District and Sessions Judge, at\n\nHaveri.    This is a successive bail application.          The\n\npetitioner earlier had filed Crl.P.No.100832/2020 and\n\nthe same came to be rejected by this Court by order3dated 26.08.2020. Thereafter, the petitioner filed bail\n\napplication before Prl. District and Sessions Judge,\n\nHaveri in Spl.(NDPS) Crime No.1/2011 and the same\n\ncame to be rejected by order dated 01.10.2020.\n\nTherefore, the petitioner/accused No.1 is before this\n\nCourt seeking bail.3.    Heard the learned counsel appearing for\n\nthe petitioner/accused No.1 and the learned High\n\nCourt Government Pleader for the respondent-State.4.    It is the contention of the learned counsel\n\nfor the petitioner/accused No.1 that after bail petition\n\nof the petitioner/accused No.1 came to be rejected by\n\nthis Court, there was no progress in the case and trial\n\nhas not been commenced. He would further contend\n\nthat the petitioner is diagnosed for severe anemic and\n\nthere was blood transfusion done to him and he\n\nrequires   further    medical   treatment   in   private4hospitals.     He     would   further   contend   that   the\n\npetitioner is ready to abide by           the terms and\n\nconditions imposed by this Court and is ready to face\n\nthe trial.   He would further submits that even the\n\ncharge is yet to be framed.       With this, he prayed to\n\nallow the petition.5.      Per contra, Sri.Ravindra Naik, learned High\n\nCourt Government Pleader has contended that this\n\nCourt in earlier occasion has rejected the bail petition\n\nof accused No.1 on merits and the case involved\n\nGanja of commercial quantity. He further contended\n\nthat the petitioner has not made out new grounds for\n\ngrant of bail.   Merely, because he is suffering from\n\nsome illness is not a ground to grant bail.          If the\n\npetitioner is granted bail, he will abscond and not\n\navailable for trial. With this, he prayed to dismiss the\n\npetition.56.    Having regard to the submission made by\n\nthe learned counsel for the petitioner and the learned\n\nHigh Court Government Pleader, this Court has gone\n\nthrough the charge sheet records and earlier orders.7.    The petitioner/accused No.1 is facing trial\n\nfor the offence punishable underSection 20(b)of\n\nNDPS Act.    The Ganja seized from the petitioner is\n\nmore than commercial quantity.       Earlier, this Court\n\nhas    rejected     the   petition    filed   by    the\n\npetitioner/accused No.1 seeking bail. The petitioner is\n\nnow seeking bail on the ground that he is diagnosed\n\nas severe anemic and blood transfusion has been\n\ndone on 05.02.2021 and 06.02.2021 and he requires\n\nfurther medical treatment in private hospitals.    Copy\n\nof the medical records shows that the petitioner is\n\ndiagnosed as severe anemic and blood transfusion has\n\nbeen done on 05.02.2021. The petitioner is aged 54\n\nyears and he requires attendant at the time of taking6treatment. The petitioner is in judicial custody since\n\n24.02.2020 and there is no progress in the case and\n\nas per the submission of the counsel, the case is still\n\nat the stage of framing charge.              As petitioner has\n\nundertaken to appear on all dates of hearing and\n\nabide by the terms and conditions imposed by this\n\nCourt, he is entitled for grant of bail with stringent\n\nconditions.    The main objection of the prosecution is\n\nthat    in     the     event      of   granting      bail,   the\n\npetitioner/accused No.1 may likely to cause threat to\n\ncomplainant and prosecution witnesses and the same\n\nmay    be     set    right   by   imposing    some     stringent\n\nconditions.8.     In the facts and circumstances of the case\n\nand submission of the counsel, this Court is of the\n\nview that there are valid grounds for granting bail\n\nsubject to certain terms and conditions. Hence, I\n\nproceed to pass the following:7ORDER\n\n        The petition filed underSection 439of Cr.P.C. is\n\nallowed. Consequently, the petitioner/accused No.1\n\nshall    be   released     on     bail   in    Spl.(NDPS)Crime\n\nNo.01/2011(Crime         No.59/2010       of    Byadagi   Police\n\nStation) subject to the following conditions:i) The petitioner shall execute a personal\n\n         bond for a sum of Rs.1,00,000/- (Rupees\n\n         one lakh only) with two sureties for the like\n\n         sum to the satisfaction of the jurisdictional\n\n         Court.ii) The       petitioner    shall    not    indulge   in\n\n         tampering the prosecution witnesses.iii) The petitioner shall attend the Court on all\n\n         dates of hearing unless exempted and co-operate in speedy disposal of the case.8iv) The petitioner shall mark his attendance\n\n      before Soundatti Police station on first\n\n      Sunday of every month between 10 a.m. to\n\n      5 p.m. till disposal of the case registered\n\n      against him.Sd/-JUDGE\n\n\n\n\nHMB