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2025 Supreme(Online)(KAR) 4989
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
C M Joshi, J
Om Prakash S/o Veeramaram – Appellant
Versus
The State of Karnataka – Respondent
CRIMINAL PETITION NO.103667/2024 | CRIMINAL PETITION NO.103795/2024 | CRIMINAL PETITION NO.103663/2024
For the Appellants/Petitioners: Sri Gouri Shankar Mot, Sri Kiran Jawali
For the Respondents: Sri Jairam Siddhi, HCGP
Petitioners granted bail for insufficient evidence linking them to organized crime and compliance with procedural safeguards.
Headnote:(A) Narcotic Drugs & Psychotropic Substances Act, 1985 - Section 20(b)(ii)(A) - Bharatiya Nyaya Sanhita, 2023 - Sections 111, 316(4), 318(4), 336(3), 340(2) - Petitioners sought bail for alleged involvement in drug-related offences and organized crime - No substantial evidence linking others to organized crime as per Section 111 - Provisions of NDPS applicable only for small quantities found - Court emphasized presumption of innocence until proven guilty - Cited judgment on inadmissibility of confessional statements under Section 67 of NDPS Act. (Paras 9-10)
(B) Bail proceedings - Conditions set forth upon granting bail, including prohibition against tampering with witnesses and restricting travel outside jurisdiction. (Paras 12-14)
Facts of the case:
Multiple petitions filed for bail concerning serious charges involving narcotics and hawala transactions. Accused were alleged to be involved in possession and distribution of Ganja as well as fraudulent financial activities.
Findings of Court:
The court opined that due to lack of severe charges and unproven involvement in organized crime under relevant sections, the petitioners were entitled to bail.
Issues: The court addressed concerns regarding the interpretation of organized crime requirements under Section 111 and whether current allegations sufficiently established such a connection.
Ratio Decidendi: The court highlighted that for an organized crime charge, historical patterns of involvement must exist, which were not established in the present case.
Result: All petitions allowed.
| Table of Content |
|---|
| 1. overview of nature and basis of charges against petitioners. (Para 1 , 2) |
| 2. arguments for and against bail by the petitioning counsel and state prosecutor. (Para 3 , 4 , 5 , 6) |
| 3. court's assessment of evidence related to organized crime and bail criteria. (Para 7 , 8 , 10 , 12) |
| 4. principle regarding admissibility of confessions and necessary evidence for organized crime charges. (Para 9 , 11) |
| 5. conclusion of granting bail and conditions imposed. (Para 13 , 14 , 15) |
CAV ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. JOSHI)
1. These petitions are filed under Sections 482 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘ BNS S’) by accused No.1, 3 and 4 in Crime No.78/2024 of Hubli Town Police Station registered for the offences punishable under Section 20 (b)(ii)A of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short ‘N.D.P.S. Act’) and Sections 318 (4), 336(3), 340(2), 111(3), 316(4) of the Bharatiya Nyaya Sanhita, 2023 , (for short ‘ BNS ’), seeking regular bail as well as anticipatory bail.
2. The factual matrix of the case is as below:
(a) The P.S.I. of Hubli Town Police Station – Maruti R., lodged complaint stating that on 30.07.2024 while he was on duty, he received a credible information that at about 7.00 p.m., a person would come in a White KIA Sonnet Car No.RJ- 39/CA-6198 near Bogi-Bogi Hotel, adjacent to Railway Station, either to sell or purchase narcotic drug i.e., Ganja. The said complaint was registered in Crime No.78/2024. Thereafter, the Police Inspector of Hubli Town Police Station (I.O.) took up the investigation, secured two panchas and after informing them about the raid to be conducted and following the required procedure, proceeded to the spot. At about 8.25 p.m., while the raiding party was watching the place, the said Car came and on intercepting it, the Driver of the Car was questioned and he disclosed his name to be Omprakash (A1) and he was informed of the credible information received by the I.O., after informing him that the raiding party had made a self-search. He admitted that he was possessing Ganja and informed that it is kept in the Car. Accordingly, the accused was arrested and the Ganja in the Car was examined and it was found that the Ganja was weighing 643 grams. Thereafter, at the option of the accused No.1, a Gazetted Officer (Assistant Commissioner of Police, South) was secured and body search was conducted. On interrogating him, the accused No.1 led the police to his house at Railway Colony and disclosed about 245 grams of Ganja, which was kept in the cupboard. At the time of search, cash of Rs.96,50,000/- was secured and the same was seized under a Mahazar. Apart from the cash, several Rubber Seals of various business establishments, Bank Swipe Machines, Aadhar Cards, Cheque-Books, Pass-Books, about 30 ATM Cards of several Banks, Bond-Papers, PAN-Cards were also seized from his house. Allegedly, the accused No.1 had also disclosed that apart from drug peddling, he was also involved in Hawala transactions and 9 other accused were involved in the Crime.
(b) On the basis of such information, accused No.6 –Ratna Ram was arrested on 04.08.2024 and his statement was also recorded. Thereafter, it came to light that accused No.4 – Govind (petitioner in Crl.P. No.103663/2024) was a Clerk in the Commission Agency business of one Vijaykumar (CW 15) and he had represented accused Nos.1 and 3 that the Bank Account of Vijaykumar was a ‘tax free’ account and any deposit made to it and withdrawal would not be known to Vijaykumar and accordingly, a sum of Rs.1,05,00,000/- was transferred to the said account; and by misrepresenting the said Vijaykumar that some purchaser of paddy had transferred the money, but since they had no stock of paddy the said amount has to be refunded, got issued the Cheques and the money was withdrawn and paid to accused No.1. The said amount to the tune of Rs.96,50,000/- was the money recovered from the house of accused No.1.
(c) The Investi
