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 HE 7th DAY OF SEPTEMBER 2022
Crl.Misc.No.8389/2022
Petitioner :
(accused No.8)
Vijay Kumar V @ Auto Viji,
S/o.Venkataraju, 41 years, No.168,
AK Colony, Yadiyuru, jayanagar 7th
Block, Bengalore 560 011.
(By Sri MR, Adv.)
V/S.
Respondent :
State by Vishveshwarapuram PS
(By Public Prosecutor)
ORDER
The present petition U/Sec.438 of Cr.P.C., is filed by the
petitioner to enlarge him on bail, in the event of his arrest in
Cr.No.04/2022 for the offences punishable U/Sec.20(B) (ii) (c)
of N.D.P.S. Act and Sec. 251(B) (b) of Arms Act.
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2. The grounds urged by the petitioner for grant of bail
are as under:
That the petitioner is very innocent and law abiding
citizen.
He has not committed any offence much less the
offence as alleged.
He has been falsely implicated by the
respondent in this case.
Though the alleged offence is non
bailable, but is neither punishable with imprisonment for life
or death sentence. There is no recovery from the present
petitioner. He is not in the place of incident when the other
accused were apprehended.
He has been subsequently
implanted in the case by the investigating agency.
The
petitioner is ready and willing to abide by any conditions
imposed by this court in the event of grant of bail. He is ready
to offer surety for his due appearance before this court.
Hence, sought to grant bail.
3. The prosecution while opposing the bail petition
contended that the I.O has seized 20 Kgs., 600 grams of ganja
from accused Nos.1 to 4 which is a commercial quantity. The
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present petitioner is also involved in the crime. He is doing the
sale of contraband along with other accused.
alleged against him is non bailable.
The offence
There are sufficient
material available against the present petitioner attracting the
offences alleged in the investigating papers.
In the event of
grant of bail he may abscond and may tamper with the
prosecution witnesses.
With these specific pleas sought to
reject the bail plea of the petitioner.
4. Heard the arguments of both sides and perused the
records.
5. The points that arise for my consideration are as here
under:
1. Whether petitioner has made out
sufficient grounds to enlarge him on
anticipatory bail?
2. What order?
6. My findings on the above points are as under:
Point No.1: In the Affirmative
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Point No.2: As per the final order for the following:
REASONS
7. POINT NO.1: The PSI of V.V. Puram PS., has put the
criminal law into motion. The gist of the allegation reads as
here under:
On 18.01.2022 at about 1:00 Pm,, complainant was in
the police station he has received an information that 4
persons were in possession of ganja in the Honda Citi car No.
KA04MD5144 in front of old Chamarajpet Kote ground, K.R
Road along with deadly weapons like long and waiting for the
arrival of star Rahul Associates by name Kulla Rizwan and his
associates. Immediately on receipt of the information he has
made a note in the station house diary and informed the same
to his higher official and obtained the permission. Thereafter,
the complainant along with his staff and panchas went to the
spot and parked the jeep near BMC Medical college and
watched the accused persons who were sitting in a car. On
confirming he has apprehended him.
On search of the
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accused persons and the car they have seized 10 Kgs. 280
grams of ganja in one bag and 10 Kgs., 320 grams from
another bag which were kept in the dicky of the car.
They
seized a long from the back side of the car. A detail mahazar is
drawn in the spot,
report is prepared, basing on the said
report case in Crime No.04/2022 is registered against the
accused for the offences punishable under Sec.U/Sec.20(B) (ii)
(c)
of N.D.P.S. Act and Sec. 251(B) (b) of Arms Act. The
present petitioner is accused No.8 in the case.
8. Learned counsel for accused has produced bail order
copies wherein accused Nos.1 to 4 were already granted bail by
this court. It is argued that the allegations against the present
petitioner is similar on the ground of parity he is entitled for
the relief. The investigation in the case is completed and the
incriminatory articles is already recovered.
The petitioner is
not required for further investigation in the case. In the event
of grant of bail. He would appear before the court on all the
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dates of hearing and he will be abide by the conditions what
ever going to be imposed by this court.
9. The prosecution has opposed the bail plea contending
that the accused herein has absconded and he is required for
investigation. In the event of grant of bail he may repeat the
crime.
Further the offence alleged against the petitioner is
punishable with imprisonment for not less than 10 years
which may extend to 20 years and shall also be liable to fine.
The quantum of ganja seized from accused Nos.1 to 4 is
commercial quantity.
10. It is pertinent for me to note that PSI., VV Puram
has mounted surveillance near BMC Medical college. There he
has found a car bearing No.KA 04 MD 5144, four persons were
found sitting in the car they are accused Nos.1 to 4.
present petitioner was not at all in the spot.
The
During
interrogation of accused Nos.1 to 4 they have revealed that the
present petitioner is their associate, he is also involved in drug
peddling and further it is stated by them that the present
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Crl.Misc.No.8389/2022
petitioner along with other accused were going to arrive to the
spot to do the sale of contraband.
Basing on the voluntary
statement of accused No.1 to 4, the petitioner is prosecuted in
the case.
11. After arrest of accused Nos.1 to 4 the investigating
officer has not sought police custody of accused Nos.1 to 4 for
further investigation. The contraband ganja is already seized
by the investigating agency. The deadly weapon alleged in the
prosecution papers is also seized. As the allegation against the
present petitioner is he is the associate of accused Nos.1 to 4
he is also doing the sale of contraband with the said accused
persons. On looking to the nature of allegations basing on the
voluntary statement of accused Nos.1 to 4, the present
petitioner is prosecuted in the case. He was not in the spot
when accused Nos.1 to 4 were apprehended. Accused Nos.1 to
4 were already enlarged on statutory bail by this court. The
contraband to the tune of 20 Kgs., 500 grams is seized from
accused Nos.1 to 4.
The overtact attributed against the
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present petitioner is he is the associate of accused nos.1 to 4
and he is also doing the sale of ganja.
12.
On looking to the nature of allegation, custodial
interrogation of petitioner is not warranted. The accused who
are found in possession of contraband were already arrested
and they were interrogated. But in regard to the source from
where they have purchased there is no material brought out by
the investigating agency. The person who has supplied ganja
is also not prosecuted in the case. In the circumstances, if by
imposing stringent conditions the petitioner is enlarged on
anticipatory bail, it would not in any way hamper the
investigation and trial of the case. In the result, I proceed to
hold that petitioner is entitled for bail and I answer the point
for consideration in the affirmative.
13. Point No.2: In the result, I proceed to pass following:
ORDER
The Petition filed by the petitioner U/Sec.438 of
Cr.P.C is hereby allowed.
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The respondent police is directed to release the
petitioner on bail in the event of his arrest in
Cr.No.04/2022 of Vishveshwarapura Police Station for
the offences punishable U/s.20(B)(ii)(C) of NDPS Act
and Sec.251(B)(b) of Arms Act on executing personal
bond for a sum of Rs.1,00,000/ with two sureties for
the like sum with following conditions:
1)
He shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with facts of the case, so as to
dissuade him from disclosing such facts to
the Court or to any police officer.
2)
He shall mark his 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)
He 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.
4)
He shall not threaten or try to tamper with
the prosecution witnesses in any manner.
5)
He shall not commit similar offence or
any offence while on bail.
6)
He shall furnish his photo ID proof and photo
identity proof of their surety.
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7)
Breach of any of the conditions by the
petitioner 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 7th day of September 2022]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*