T.B. Rajanna vs State of Karnataka

Budihal R.B., J.—This is the petition filed by the petitioner/accused No. 10 u/s 438 of Cr. P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 20(A)(1), and 46 of Narcotic Drugs & Psychotropic Substances Act, 1985 and Section 120B of IPC registered in respondent police station Crime No. 28/2014.

Heard the arguments of the learned counsel appearing for the petitioner/accused No. 10 and also the learned HCGP for the respondent-State.

I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record, so also the charge sheet material produced by the learned counsel for the petitioner along with the memo. The brief facts of the prosecution case is that on 31.01.2014 at around 8.0 a.m., the Circle Inspector of Police, Hunsur Circle received a credible information that ganja plants are being cultivated illegally in the land belonging to one Susheelamma situated on the banks of Lakshmanteertha River at Nallurupalya Village. Upon receipt of the information the respondent police took suo-moto action and immediately after intimating his higher authorities along with panchas and he proceeded to the land in Sy. No. 91/1 situated at Nalluru Village and he found that there were seven people residing in the hut constructed on the said land. Upon enquiring them the respondent police came to know that seven people had taken on lease the land in Sy. No. 91 from one Susheelamma and they were cultivating ganja plants. It is also the case of the prosecution that totally there were 476 ganja plants totally weighing about 2852.994 Kgs. The said ganja has been seized in the presence of panch witnesses by drawing the spot mahazar. On the basis of the said complaint, case has been registered against the said seven persons. So far as the contention of the present petitioner that his name is not mentioned in the FIR and also in the complaint, learned counsel for the petitioner submitted that during investigation the Investigating Officer has arrayed the present petitioner as accused No. 10 on the ground that, it is accused No. 10, who held the property in the name of Sushellamma on benami. On that basis charge sheet is also filed against the present petitioner. Accused Nos. 1 to 7 approached this Court seeking their release on bail by filing the petition u/s 439 Cr. P.C. This Court considered the entire merits of the case and ultimately allowed the petition and granted bail to accused Nos. 1 to 7. The ganja alleged to have been seized is also below the commercial quantity and now the investigation is completed and the charge sheet has been filed, whether the present petitioner/accused No. 10 held the land benami in the name of Sushelamma is a matter of evidence and it is for the Trial Court to consider the same after recording the evidence in the matter. Petitioner has contended that he is a Police Officer and he is ready to abide by any reasonable conditions to be imposed by this Court. Therefore, looking to these materials on record, I am of the opinion that by imposing reasonable conditions petitioner may be admitted to bail.

Accordingly, petition is allowed. The respondent-Police is directed to enlarge the present petitioner on bail in the event of his arrest for the offences punishable under Sections 20(A)(1), and 46 of Narcotic Drugs & Psychotropic Substances Act, 1985 and Section 120B of IPC registered in respondent police station Crime No. 28/2014, subject to the following conditions:

i. Petitioner has to execute a personal bond for Rs. 50,000/- and has to furnish one solvent surety for the like sum to the satisfaction of the concerned Court.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner has to make himself available before the Investigating Officer for interrogation, as and when called for.

iv. The petitioner has to appear before the concerned Court within 30 days from the date of copy of this order and to execute the personal bond and the surety bond.