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2020 DIGILAW 2384 (KAR)

Sebi Sebastin v. State of Karnataka

2020-12-23

H.P.SANDESH

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ORDER : H.P. Sandesh, J. 1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail to the petitioner in Crime No. 06/2020 of E and N Crime Police Station, Mysuru City for the offences punishable under Sections 30, 29 and 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard the learned Counsel for the petitioner and also the learned High Court Government Pleader appearing for State. 3. The factual matrix of the case is that on credible information, a case has been registered on 10.09.2020 and accused No. 1 was apprehended. Later accused No. 1 discloses that accused Nos. 2 to 5 were doing illegal business of selling the Ganja and purchasing the same from one Raju Bayya, who is the resident of Andhra Pradesh. The allegations made against this petitioner and also towards accused No. 9 is that they have facilitated the vehicle to transport the Ganja weighting 500 kilograms to Kerala. When the said vehicle reached to Kerala, the police have arrested the driver of the vehicle and a case has been registered. 4. Learned Counsel for the petitioner would submit that the allegations made against this petitioner and also accused No. 9 are one and the same that they had facilitated the other accused persons to transport the Ganja and this Court vide order dated 10.12.2020 passed in Crl.P. No. 7449/2020 C/w Crl.P. No. 7383/2020 had already granted bail to accused No. 9. Hence, on the ground of parity, the present petitioner is also entitled to be released on bail. 5. Per contra learned HCGP appearing for the State" would submit that the Ganja seized was to the tune of 500 kilograms at Kerala. The allegation against this petitioner that the petitioner and accused No. 9 facilitated the other accused persons to transport the Ganja by hiring the vehicle and there is prima-facie case. 6. Having heard the submissions of respective Counsels and also on perusal of material on record, it is not the case of the prosecution that Ganja was seized at the instance of this petitioner and only allegation made against this petitioner is that himself and accused No. 9 facilitated the other accused to transport the Ganja and vehicle not belongs to the present petitioner and the same is belongs to accused No. 10. When such being the facts and circumstances of the case and also this Court has already enlarged accused No. 9 on bail and as the allegations made against this petitioner and accused No. 9 are one and the same, hence the petitioner is also entitled to be released on bail. Therefore, I am of the opinion that it is a fit case to exercise the discretion under Section 439 of Cr.P.C. 7. In view of the discussion made above, I pass the following: ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 06/2020 of E and N Crime Police Station, Mysuru City for the offences punishable under Sections 30, 29 and 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions: (i) The petitioner shall execute his personal bond for a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not indulge in tampering the prosecution witnesses. (iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause. (iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of. In view of the disposal of the present petition, I.A. No. 1/2020 does not survive for consideration. Hence, I.A. No. 1/2020 also disposed of.