IN THE COURT OF THE XXXIII ADDL.CITY CIVIL &
SESSIONS JUDGE & SPL. JUDGE (NDPS), BENGALURU.
CCH.33.
PRESENT:
SMT. B.S. JAYASHREE, LL.M.,
XXXIII ACC & SJ & SPL.JUDGE (NDPS),
BENGALURU.
DATED: THIS THE 14th DAY OF SEPTEMBER 2022
Crl.Misc.No.8889/2022
Petitioners :
(accused No.1 & 2)
1 Sri.Manikanta @ Mani,
S/o.Ashwathappa, a/a 30 Yrs,
R/at Arabhikottanuru, Vakkaleri
Hobli, Kolar Taluk, Kolar District
563133
presently R/at
Ambedkar Nagara, Kunigal Town,
Tumkuru District572 130
2 Smt.Asha,
w/o.Manikanta @Mani,
a/a 25 years, R/at Ambedkar
Nagara, Kunigal Town,
Tumkuru District572 130
(Owner of Vehicle bearing Reg.No.KA
06HL7367)
(By Sri SN, Adv.)
V/S.
Respondent :
State by Excise sub Division
2
Mahadevapura Excise Police
(By Public Prosecutor)
ORDER
The present petition U/Sec.438 of Cr.P.C., is filed by the
petitioners to enlarge them on bail, in the event of their arrest
in Cr.No.12/202223 of Excise Sub Division, Mahadevapura
Excise
Police.,
registered
for
the
offence
punishable
U/Sec.20(b)(ii)(A)of N.D.P.S. Act.
2. The grounds urged by the petitioners for grant of bail
are as under:
A false case has been foisted against them.
The
allegation in the complaint are inconsistent. they has been
foisted as accused No.2 in the case basing on the created
statement of accused No.1. The present petitioners are no way
connected to the crime. They apprehends imminent threat of
arrest in the hands of complainant. The petitioners are ready
and willing to abide by any conditions imposed by this court in
the event of grant of bail. They are ready to offer surety for
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Crl.Misc.No.8889/2022
their due appearance before this court. They has no bad
antecedents. They are the sole bread earners of their family.
Hence, sought to grant bail.
3. The objection raised by the prosecution is that the
investigating agency has seized 970 grams of ganja from the
possession of accused No.1. A detailed mahazar is drawn in
the spot.
The offence alleged against the petitioners are
punishable with rigorous imprisonment for a term which shall
extend upto 10 years. There is a primafacie case available
against the petitioners. They are an habitual drug dealers.
In
the event of grant of bail, they would abscond and may hamper
the investigation. Hence, sought to reject the claim of
petitioners.
4. Heard the arguments of both sides and perused the
records.
5. The points that arise for my consideration are as here
under:
4
1. Whether the petitioners have made out
satisfactory grounds to entertain their
claim for anticipatory bail?
2. What order?
6. My findings on the above points are as under:
Point No.1: In the Affirmative
Point No.2: As per the final order for the following:
REASONS
7. POINT NO.1: The petitioners herein were shown as
accused nos.2 and 3 in the case basing the statement of
accused No.1.
As per the report of investigating agency, on
18.8.022 at 7.00 am., when he was on patrolling duty accused
No.1 was found possessing dry ganja at Kundalahalli colony,
CMR college near auto stand the accused No.1 used to come to
that area in his two wheeler bearing No.KA 06 HL 7367 around
8.30 to 9.00 am., to sell ganja. After selling the ganja he used
to leave the place.
The investigating agency i.e., the Excise
Inspector on obtaining permission from the higher officer has
formed a team to apprehend the accused No.1. On 18.8.2022
CCH33
Crl.Misc.No.8889/2022
5
when he has been to the spot along with his team found the
accused No.1 in conscious possession of dry ganja to the tune
of 970 grams.
The said ganja was seized under a mahazar,
accused was arrested and produced before the court and
remanded to judicial custody.
Basing on the report of PI.,
Excise, a case in Cr.No.12/202223 U/s.20(b)(ii)(a), 25, 8(c) of
NDPS Act.
8. During the course of investigation it is revealed that
the two wheeler used by the accused No.1 for transporting
ganja is belonging to accused No.3 i.e., the present petitioner
No.2.
The allegation against the petitioners herein is the
vehicle is belonging to petitioner No.2 and petitioner No.1 is
the husband of petitioner No.2.
It is also alleged in the
investigation papers that accused No.1 is used to sell ganja to
the customers of petitioner No.1.
9. The petitioners apprehends arrested in the hands of
complainant.
them.
There is no specific overtact allegation against
They are not involved in transporting contraband.
6
Basing on the document of vehicle which is used for
commission of offence, petitioners are prosecuted in the case.
As per the investigation papers, the vehicle used for the
commission of offence i.e., the two wheeler is standing in the
name of the petitioner No.2 herein. There is no material placed
on record by investigating agency to show that petitioners
herein are actively involved in drug trafficking. The quantum
of ganja seized from the accused No.1 is 970 grams is small
grams.
At this stage, on looking to the allegations leveled
against the petitioners, I feel if by imposing conditions they are
enlarged on bail it would not in any way hamper the
investigation and trial of the case.
As per the information
provided by the petitioners, they are permanently residing in
the address shown in the cause title. The apprehension of the
prosecution that they may abscond and may protract the trial
could be compensated by imposing stringent conditions.
In
the result, I answer the point for consideration in the
affirmative.
CCH33
Crl.Misc.No.8889/2022
7
10. Point No.2: In the result, I proceed to pass following:
ORDER
The Petition filed by the petitioners U/Sec.438
of Cr.P.C is hereby allowed.
The respondent police is directed to release the
petitioners on bail in the event of their arrest in
Cr.No.12/202223
Mahadevapura
of
Excise
Inspector
Police
for
of
Excise
the
offences
punishable U/s.20(b)(ii)(a) of NDPS Act, on executing
personal bond for a sum of Rs.50,000/ with one
surety for the like sum with following conditions:
1)
They shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with facts of the case, so as to
dissuade them from disclosing such facts to
the Court or to any police officer.
2)
They shall mark their attendance before the
concerned IO on every first Sunday of the
month between 10.00 am., to 5.00 pm., till
filing of the charge sheet or further orders
which ever is earlier.
3)
They shall attend before the Court on all
dates of hearing without fail and shall not
leave the jurisdiction of this court till the
conclusion of trial without prior permission of
this court.
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4)
They shall not threaten or try to tamper with
the prosecution witnesses in any manner.
5)
They shall not commit similar offence or
any offence while on bail.
6)
They shall furnish their photo ID proof and
photo identity proof of their surety.
7)
Breach of any of the conditions by the
petitioners would entail cancellation of bail.
(Dictated to the stenographer, directly on the computer, typed and
computerised by her, corrected, signed and then pronounced by me in
Open Court on this the 14th day of September 2022].
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*