Ramangouda vs State Of Karnataka

K. N. Phaneendra, J

In view of the urgency pleaded, this case is taken up for disposal. Therefore, learned counsel for the petitioner is directed to comply the office

objections immediately after lockdown period pertaining to COVID-19 is over .

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent State. Perused the records.

The petitioner is arraigned as Accused No.4 in Crime No.9/2019 of Respondent- E & N Crime Police Station, Hubli-Dharwad, for the offence

punishable under Section 20(b)(ii)(C) of NDPS Act.

The case of the prosecution is that, on receipt of a credible information by ASI of the Respondent-Police Station on 03.11.2019 while he was on

patrolling duty, he intercepted a vehicle bearing Registration No. KA.33.M.1789 passing through Gadag and Coming towards Hubli, and found 22 kgs

of Ganja valuing Rs.2.00 lakhs and add in possession of the accused persons.

On perusal of the entire FIR and other materials on record, it is seen that, the other accused persons were actually shown to have been purchased

the Ganja. But, there is no such allegation so far as this petitioner is concerned, except that he was also travelling in the said vehicle.

In the above said facts and circumstances of the case, the prosecution has to prove beyond reasonable doubt that the petitioner also was actually

indulged in either purchasing or transporting or selling the seized Ganja in order to attract the provisions of NDPS Act, as invoked by the respondent-

Police in this case. Therefore, there must be a strong prima facie case in order to attract Section 37 of the NDPS Act so as to throw the burden on

the accused to establish that he is an innocent.

The learned counsel for the petitioner submits that, the petitioner/accused is aged 85 years and he has already been arrested and since the date of

arrest, he has been in judicial custody. He has also submitted that, the investigation is already over and the charge sheet has already been filed.

Therefore, in my opinion, the petitioner is no more required for any custodial interrogation or investigation, as such, he is entitled to be enlarged on bail

on certain conditions particularly considering his age and the situation that COVID-19 is spreading very vigorously in the country. Hence, the

following,-

ORDER

The Petition is allowed. Consequently, the petitioner (A4)-Ramangouda shall be released on bail in connection with Crime No.9/2019 of Respondent-E

& N Crime Police Station, Hubli-Dharwad, for the aforesaid offence, subject to the following conditions:

(i) The petitioner (A4) shall execute his personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii) The petitioner (A4) shall not tamper the prosecution witnesses.

(iii) The petitioner (A4) shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine reason or

cause.

(iv) The petitioner (A4) shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.

The concerned Jail Authorities are directed to release the petitioner (A4) after thorough medical examination by virtue of COVID-19.