Karnataka High Court
Sri. Srinivas S/O. Hulugappa vs State Of Karnataka on 9 August, 2023
Bench: J.M.Khazipresided Byjmkj
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NC: 2023:KHC-D:8611
CRL.P No. 101548 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101548 OF 2023
BETWEEN:
SRI. SRINIVAS S/O. HULUGAPPA,
AGE: 31 YEARS, OCCP: COOLIE,
R/O: NEAR GANGAMMA TEMPLE,
SANAPUR VILLAGE,
TQ: GANGAVATHI,
DIST: KOPPAL -583231.
...PETITIONER
(BY SRI. NEELENDRA D. GUNDE, ADVOCATE)
AND:
STATE OF KARNATAKA,
CHANDRASHEKAR BY KAMALAPUR POLICE STATION,
LAXMAN
KATTIMANI REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
Digitally signed by DHARWAD -580001.
CHANDRASHEKAR
LAXMAN ...RESPONDENT
KATTIMANI
Date: 2023.08.11 (BY SRI. PRAVEEN K. UPPAR, HCGP)
10:49:53 -0700
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER IN
THE CRIME NO. 46/2023 OF KAMALAPUR POLICE REGISTERED
FOR THE OFFENCES P/U/SEC. 20(b)(ii)(B) OF NDPS ACT-1985
AND PENDING BEFORE LEARNED PRL. DISTRICT AND SESSION
AND SPECIAL COURT BALLARI.
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CRL.P No. 101548 of 2023
THIS PETITION, COMING ON FOR DICTATING ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner who is arrayed as accused No.3
has come up with this petition under Section 439 Cr.P.C.
to release him on bail in Crime No.46/2023 for the
offences punishable under Section 20(b)(ii)(B) of Narcotic
Drugs and Psychotropic Substances Act, 1985 (for short,
'the NDPS Act').
2. Petitioner has contended that he is innocent of
the offence alleged. Even if the entire case of the
prosecution is accepted at its face value, the same do not
disclose that he has not committed any offence much less
the offence alleged. The complaint averments disclose that
the petitioner was at the spot, but he had not tried to
escape. This fact itself goes to show that he was not
possessing ganja as alleged. As per the panchanama, from
the possession of the petitioner a sum of Rs.1,220/- is
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CRL.P No. 101548 of 2023
recovered. However, no ganja was recovered from his
possession. Total ganja recovered is 1105 grams, which is
less than the commercial quantity. Petitioner is the only
earning member of the family. He is ready to abide by any
conditions that may be imposed and prays to allow the
petition.
3. In support of his arguments, learned counsel for
the petitioner has relied upon the following judgments:
i) Maulana Mohammed Amir Rashadi Vs.State of
Uttar Pradesh and Another1
ii) K.K.Rejji and others Vs.State of Murdeshwar Police
Station, Karwar2
iii) Lazarus Abraham Lunjala Vs.State of Karnataka3
iv) Adesh Jaiswal Vs.The State of Karnataka 4
4. Learned HCGP submitted oral objection stating
that on the basis of credible information, when the
investigating officer along with his staff went to the spot,
(2012) 2 SCC 382
2009 SCC OnLine Kar 325
Crl.P.No.102294/2019 DD 10.12.2019
Crl.P.No.888/2023 DD 21.03.2023
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CRL.P No. 101548 of 2023
they found accused Nos.1 to 4 including the petitioner
engaged in sale of ganja. From their possession, 1105
grams of ganja worth Rs.40,000/- and cash of Rs.1,220/-
was seized along with motorcycle used for the commission
of the offence.
4.1. Earlier the petitioner was involved in Crime
No.328/2022 for the offence punishable under Section
20(b)(ii)(B) of the NDPS Act. After securing bail, he has
once again involved in similar offences and prays to reject
the petition.
5. Heard arguments and perused the records.
6. On 21.06.2023, the PSI, Law and Order of
Kamalapur Police Station, Hosapete, Vijayanagar district
has submitted a report that there was credible information
regarding the sale of ganja and necessary action may be
taken. Based on the same, the PSI, Law and Order of the
said police station has visited the spot along with the staff
and found accused Nos.1 to 4 engaged in sale of ganja.
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CRL.P No. 101548 of 2023
The same totally weighing 1105 grams, worth Rs.40,000/-
and Rs.1,220/- being the sale proceeds was also seized.
Motorcycle bearing Registration No.KA-37/EA-7058 which
was used for committing the offence was also seized
through mahazar. There is prima facie material to show
that the petitioner is involved in the offence in question.
Remand application state that accused Nos.1 and 2 were
earlier involved in Crime No.33/2022 and accused No.3
i.e., the present petitioner was involved in Crime
No.328/2022 for the same offence. After getting himself
released on bail, once again the petitioner is involved in
similar offence.
7. Insofar as the decisions relied upon by the
learned counsel for the petitioner is concerned, they are
not applicable to the facts and circumstances of the
present case, especially when the petitioner is involved in
previous offence of similar nature and after securing bail,
once again indulge himself in similar offence. Taking into
these aspects, this Court is of the considered opinion that
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CRL.P No. 101548 of 2023
the petitioner is not entitled for bail. In the result, the
petition fails and accordingly, the following:
ORDER
The Criminal Petition filed by the
petitioner/accused No.3 under Section 439
Cr.P.C. is rejected.
Sd/-
JUDGE
KGK
