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Karnataka High Court · body

2019 DIGILAW 676 (KAR)

Munaf S/o Adamsab Mulla v. State of Karnataka, Rept. by State Public Prosecutor

2019-03-19

H.P.SANDESH

body2019
ORDER : Heard the petitioner’s counsel and also the learned HCGP for the respondent-State. 2. The factual matrix of the case is that on 11.09.2018 the Police Inspector of Hubballi –Bendigeri Police Station received the information that some people are selling Gaja, immediately after the information he went along with his staff near Hubli-Mantur Road at Maganese plot FCI Godown gate and observed that three persons along with air bag in their hand were having Ganja and hence, they were intercepted and apprehended. On enquiry, they revealed their names and the name of this petitioner also. They were intent to sell the Ganja. Hence, police have registered the case against these accused persons for the offence punishable under Section 20(b)(II)(c) of NDPS Act. 3. The main contention of the petitioner before this Court is that he has been falsely implicated in this case. Accused Nos. 1 to 3 are from Andhra Pradesh and this petitioner is running Kirani (provisional store) and maintaining his family, he is only the bread earner of the family. Only based on the voluntarily statement of accused Nos. 1 to 3, he has been arraigned as accused and he is not having any criminal antecedents. He is ready to obey the condition that may be imposed by this Court. Hence, prayed to enlarge the petitioner on bail. 4. Per contra, the learned HCGP in his argument contends that this petitioner has been arraigned as accused No.7, based on the voluntarily statement of accused Nos.1 to 3. The allegation against this petitioner is that he intended to purchase Ganja from accused Nos. 1 to 3. It is not the case of the prosecution that this petitioner has already purchased the Ganja from them and only during the Investigation disclosed the name of this petitioner by accused Nos. 1 to 3. He has been arrested and now he is in judicial custody from 04.10.2018. After the investigation, the police have also filed the charge sheet. Hence, prayed to reject the petition. 5. Having taken note of the gravity of the offence and also allegation made in the complaint and prosecution material, this petitioner is implicated only on the voluntary statement of accused Nos.1 to 3 and there are no any criminal antecedents against this petitioner and in respect of the apprehension of the prosecution, this Court can safeguard the interest of the prosecution by imposing certain conditions. Hence, I am of the opinion that he may be enlarged on bail subject to certain conditions. In view of the discussions made above, I proceed to pass the following: ORDER The bail petition is allowed, subject to conditions that: (i) The petitioner shall furnish a personal bond in a sum of 1,00,000/-and furnish one surety for the like sum to the satisfaction of the lower Court. (ii) The petitioner shall not cause any threat to the prosecution witnesses. (iii) The petitioner shall also assist the trial Court for disposal of the matter as early as possible.