Ravi Kumar V @ Kokaine Ravi 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 No.1 in Crime No.24/2022 of Commerical Street Police Station, Bengaluru City, for an offence punishable under Sections 22(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.

This Court earlier rejected the bail petition in Crl.P.No.4982/2022 vide order dated 17.06.2022 and while rejecting the same given an opportunity to the petitioner to approach this Court after filing of the charge-sheet. Now, the Police have filed the charge-sheet. Hence, the petitioner is before this Court.

The learned counsel appearing for the petitioner would submit that there are no any criminal antecedents against this petitioner and the quantum of MDMA seized was 30 grams. Hence, he may be enlarged on bail and there is no need of continuing him in custody.

Per contra, the learned High Court Government Pleader appearing for the State would submit that there are criminal antecedents against this petitioner. In Crime No.262/2021, he was red-handedly caught along with 5 grams of MDMA. Apart from that in Crime No.1/2022, he was arrested while consuming the ganja. Again he was arrested in this crime and 30 grams of MDMA was seized at the instance of this petitioner. Hence, he is a habitual offender and he is not entitled for bail.

Having heard the respective counsel and on perusal of the material available on record, in the present case MDMA seized was 30 grams and in an earlier case in Crime No.262/2021, 5 grams of MDMA was seized along with Rs.2,000/-. In this case along with 30 grams of MDMA an amount of Rs.10,000/- was recovered at the instance of this petitioner. In another case, an allegation was that he was consuming the ganja; hence, a case was registered. Having taken note of the said fact into consideration, he is a resident of Bengaluru and he is in custody from the last ten months, this Court can exercise the discretion in his favour subject to the condition that if he indulge in similar offences in future, the State is at liberty to seek for cancellation of bail granted in favour of this petitioner. Accordingly, this Court 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 No.1 in Crime No.24/2022 of Commerical Street Police Station, Bengaluru City, for an offence punishable under Sections 22(b) of the NDPS Act, subject to the following conditions:-

(i) The petitioner shall execute 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.

(v) The petitioner shall not indulge in similar offence in future and if he commits the same, the State is at liberty to approach this Court for cancellation of bail.