Nadeem Pasha vs State Of Karnataka

Mohammad Nawaz, J

Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State and perused the material on record.

This petition is filed under Section 439 of Cr.P.C. by accused No.2 in Crime No.122/2022 of Chandra Layout Police Station, registered for an offence punishable under Section 20(b) of NDPS Act, 1985.

Brief facts:- The Police inspector, Chandra Layout Police Station lodged the complaint alleging that he received a credible information on 22.04.2022 at 12.30 noon that two persons are illegally transporting Ganja in a goods vehicle bearing Registration No. KA-04-AB-8637. Based on the said information, the aforementioned case was registered and the police along with panch witnesses went to the spot and intercepted the goods vehicle near Nayandahalli junction and seized three bags of Ganja weighing about 81 kgs 450 grams. Accused Nos.1 and 2 were arrested.

It is submitted that the vehicle belongs to accused No.1. The allegations are that both the accused were transporting Ganja illegally in the goods vehicle bearing Registration No.KA-04-AB-8637. The Ganja as well as the vehicle have been seized. Accused No.1 has been enlarged on bail by a coordinate Bench of this Court in criminal petition No.12137/2022 vide order dated 10.01.2023. While disposing of the bail petition, this Court has taken into consideration that CWs.6 to 12 and 15 are the police witnesses and eye witnesses to the seizure and CWs.2 and 3 are the panch witnesses. The investigation is completed and charge sheet is filed. There are no other criminal antecedents against the petitioner which has been brought to the notice of the Court.

The allegations against accused Nos.1 and 2 are one and the same. In view of grant of bail to accused No.1, the petitioner who is similarly placed is entitled for bail. Hence, the following:

ORDER

Petition is allowed.

Petitioner/accused No.2 in Crime No. 122/2022 of Chandra Layout Police Station shall be released on bail subject to following conditions:

Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only), with two sureties for the likesum to the satisfaction of the jurisdictional Court.

He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in the address.

He shall not directly or indirectly tamper with the prosecution witnesses.

He shall not indulge in committing any offence.

He shall appear before the trial Court regularly without fail.

Violation of the conditions shall result in cancellation of bail.