Ashok Kumar Mishra @ Ashok Mishra ... vs The State Of Karnataka
2021 Latest Caselaw 3446 Kant

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        IN THE HIGH COURT OF KARNATAKA

               KALABURAGI BENCH


   DATED THIS THE 12TH DAY OF OCTOBER, 2021

                      BEFORE


       THE HON'BLE MR.JUSTICE R. NATARAJ

       CRIMINAL PETITION No.201451/2021


BETWEEN:


SRI. ASHOK KUMAR MISHRA @ ASHOK MISHRA
S/O D. P. MISHRA
AGE: 60 YEARS OCC: EX-SUPERVISOR
RISHAB MOTORS PVT. LTD., CO.
R/O: F-14/A, GALLI NO.1 SUBHAS VIHAR,
NORTH GONDA
NEW DELHI-110053.
                                      ... PETITIONER
(BY SRI. ARUNKUMAR AMARGUNDAPPA)
AND:

THE STATE OF KARNATAKA
THROUGH
EXCISE, INSPECTOR, VIJAYAPURA
REP. BY THE ADDL. STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH - 585 103.
                                    ... RESPONDENT

(SRI. SHARANABASAPPA M. PATIL)
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       THIS PETITION IS FILED UNDER SECTION 439 OF

THE CODE OF CRIMINAL PROCEDURE PRAYING TO ALLOW

THIS PETITION AND ENLARGE THE PETITIONER ON BAIL

IN   SPL.   (NDPS)    CASE     NO.6/2018    (CR.NO.58/2015)

REGISTERED      BY   THE      RESPONDENT    EXCISE    POLICE

VIJAYAPURA FOR THE ALLEGED OFFENCES PUNISHABLE

UNDER SECTIONS 8(B), 8(C) AND 15, 17, 20 AND 25 OF

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

ACT,   1985,   WHICH     IS    PENDING   BEFORE    THE PRL.

JUDGE/SPL. JUDGE AT VIJAYAPURA.


       THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:-


                              ORDER

This petition is filed under Section 439 of the Code of

Criminal Procedure seeking enlargement of the petitioner

on bail in Spl. (NDPS) Case No.6/2018 pending trial before

the Prl. Judge/Spl. Judge, at Vijayapura.

02. It is seen that on 28.04.2015, based on

credible information that narcotic substances were

transported in a vehicle bearing No.HR.55/L.7041, the

vehicle was checked and narcotic substance was found.

Based on the aforesaid, a prosecution was launched

against the petitioner and other co-accused for the

offences punishable under Sections 8 (b), 8(c) and 15, 17,

20 and 25 of the Narcotic Drugs and Psychotropic

Substances Act, 1985. The petitioner herein was employed

as a supervisor at Rishab Motors Pvt Ltd., Co. which

allegedly owned the vehicle, that was transporting the

narcotic substance.

03. It is stated that after the case was committed

to the Special Court, the prosecution had led evidence and

when the case was set down for recording 313 Statement

of the accused, the petitioner had absconded. Therefore,

the case against the petitioner was split up and the Trial

Court proceeded the case against the other co-accused in

Spl.(NDPS) Case No.4/2016. The Trial Court after

recording the evidence, passed a judgment dated

15.06.2018 and acquitted the other co-accused from the

offences alleged. The petitioner was thereafter arrested

and brought to book. An application filed by the petitioner

under Section 439 of Cr.P.C. for bail was rejected primarily

on the ground that the petitioner had failed to appear

before the Court from the year 2018-21. The Trial Court

also noticed that the petitioner was a resident of New

Delhi and therefore felt that if he is released on bail, he is

likely to abscond. Being aggrieved by the same, the

present petition is filed.

04. The learned counsel for the petitioner submits

that since co-accused were acquitted of the offences, no

fruitful purpose would be served in keeping the petitioner

behind bars. The learned counsel for the petitioner

undertook to furnish surety to the satisfaction of the Court

and also undertook to abide by the conditions that may be

imposed by this Court.

05. The learned High Court Government Pleader

submitted that the petitioner had avoided to appear before

the Court from the year 2018-21 and therefore securing

the petitioner would be a difficult task.

06. I have considered the submission made by the

learned counsel for the parties.

07. It is not in dispute that other co-accused are

acquitted in Spl. (NDPS) Case No.4/2016. However, the

case against the petitioner in Spl. (NDPS) Caser No.6/2018

is outstanding and a split up charge sheet is pending

against the petitioner. Therefore, it was incumbent upon

the petitioner to appear before the Trial Court. However,

now that the petitioner is brought to book, he cannot be

kept behind bars and the apprehension raised by the

learned High Court Government Pleader can suitably be

taken care of by a requiring a local surety to the

satisfaction of the Trial Court and also to direct the

petitioner to surrender his passport before the Trial Court.

In addition the petitioner can be directed to appear before

the jurisdictional police station until the case is concluded

in Spl. (NDPS) Case No.6/2018.

08. In that view of the matter, the petition is

allowed. The petitioner is enlarged on bail subject to the

following;

CONDITIONS

(i) The petitioner shall furnish a local surety and

one personal bond in a sum of Rs.2,00,000/- to the

satisfaction of the Trial Court.

(ii) The petitioner shall surrender his passport

before the Trial Court.

(iii) The petitioner shall appear before the

jurisdictional police station once in a week on every

Saturday.

(iv) The petitioner shall without fail appear before

the Trial Court on all dates of hearing.

The Trial Court is directed to expedite the recording

of 313 Statement of the petitioner and take steps to

expedite the case itself in view of acquittal of other co-

accused, if no fresh prosecution evidence is necessary in

so far as charge against the petitioner is concerned.

Sd/-

JUDGE KJJ