Kheshav .B.M vs State Of Karnataka

K. N. Phaneendra, J

Office objections have to be complied with through e-mail or immediately after the lock down is lifted pertaining to pandemic COVID-19.

Learned High Court Government Pleader is directed to take notice for respondent â€" State.

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent â€" State and perused the records.

The brief facts of the case are that:

On 24.03.2020 the PSI at about 2.30 p.m., received a credible information, that near Orakkal Public School road, situated at Hirandahalli, Bidarahalli

Hobli, Bengaluru, one person was standing and selling the Ganja. At that time, the petitioner was holding a cover in his hand and after seeing the

police, attempted to run away from the spot. The police arrested him and found in his possession 230 grams of Ganja while he was making attempts to

sell the same to the students of the college. Thereafter, the police registered a case under the NDPS Act.

On perusal of the entire materials on record, it is clear that the rigor of section 37 of the NDPS Act is not applicable as the said quantity seized is

less than the commercial quantity. The accused has already been arrested and he has been in judicial custody since 24.03.2020.

In the above said circumstances and considering the gravity of the offence and also the quantity of Ganza seized, I am of the opinion that the

petitioner has made out a ground for grant of bail particularly u/s.439 of Cr.PC. Hence, the following:

ORDER

The Petition is allowed. Consequently, the petitioner-accused shall be released on bail in connection with Crime No.82/2020 of Avalahally Police

Station, Bengaluru District, pending before the II Addl. CJM, Bengaluru Rural District, Bengaluru for the alleged offence, subject to the following

conditions:

(1) The Petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand) with one surety for the likesum to the satisfaction

of the jurisdictional court.

(2) The petitioner shall not indulge in tampering the prosecution witnesses.

(3) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.

(4) 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.

(5) The petitioner shall appear before the investigating officer for investigation as and when required.

The jail authorities are directed to get the medical examination done on the accused before release in view of Pandemic COVID-19.