Birat Kumar Digal vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused in Crime No.04/2021-22/30SIE/300205, registered by the Excise Police Station, Tumakuru Sub-Division for the offences punishable under Sections 8(c), 20(b) & 20(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘the NDPS Act’ for short).

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

The factual matrix of the case of the prosecution is that based on the credible information, this accused was apprehended along with 3.030 Kg of ganja leaves, flowers and seeds. Hence, a case has been registered and the matter is under investigation.

The learned counsel appearing for the petitioner would submit that the seized ganja is an intermittent quantity and this petitioner has not committed any such offence and he has been falsely implicated in the case. He has been in custody from the last 85 days. Hence, he may be enlarged on bail.

Per contra, the learned High Court Government Pleader appearing for the State would submit that this petitioner was apprehended along with 3.030 Kg of ganja and the presence of this petitioner is required for further investigation. Hence, he is not entitled for bail.

Having considered the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader appearing for the State and taking into note of the gravity of the offences and also the nature of allegations made in the complaint that 3.030 Kg of ganja was seized and the same is an intermittent quantity. Though it is an offence against the Society at large and considering the quantum of seizure of ganja and also he has been in custody from the last 85 days, it is appropriate to enlarge him on bail and no need of further custodial investigation. Hence, he may be enlarged on bail.

At this juncture, learned High Court Government Pleader appearing for the State brought to the notice of this Court that he is a permanent resident of Odissa. The learned counsel for the petitioner would submit that he is presently residing in Nelamangala from the last five years and ready to furnish local sureties. Having taken note of the said submissions, the petitioner has to furnish two local sureties. Hence, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER

The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No.04/2021-22/30SIE/300205, registered by the Excise Police Station, Tumakuru Sub-Division for the offences punishable under Sections 8(c), 20(b) & 20(ii)(B) of the NDPS Act, 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 local 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.