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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF MARCH, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.1303 OF 2021

BETWEEN:

MANJUNATHA @ MANJU,

S/O BAYYAPPA,

AGED ABOUT 38 YEARS,

R/O PAATARAMAGOL VILLAGE,

TALUKA BANGARPET,

DISTRICT : KOLAR – 563 114.

..PETITIONER

(BY SRI.TIGADI VEERANNA GADIGEPPA, ADVOCATE)

AND:

STATE OF KARNATAKA,

REPRESENTED BY

SUB – INSPECTOR OF POLICE,

KGF CEN CRIME POLICE STATION,

KGF DISTRICT KOLAR.

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENGALURU – 560 001.

..RESPONDENT

(BY SRI.K.NAGESHWARAPPA, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER

SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE

PETITIONER ON BAIL IN CR.NO.27/2020 OF KGF CEN

CR.P.S., K.G.F. FOR THE OFFENCE P/U/S 20(B)(ii)(C)

OF NDPS ACT.

THIS CRIMINAL PETITION COMING ON FOR

ORDERS,

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

O R D E R

This petition is filed by petitioner/accused No.12

under Section 439 of Cr.P.C., for granting bail in Crime

No.27/2020 registered by KGF CEN Crime Police for the

offence punishable under Section 20(B)(ii)(C).

2.

The case of the prosecution is that on

29.09.2020 at about 11.00 a.m., the respondent-police

received a credible information about storing and

selling of ganja illegally in the house of accused No.1.

The police along with his staffs and the panchas raided

the house of accused No.1 and they found in

possession of 150 kgs of ganja buried under the ground

and thereafter, some of the ganjas were seized, totally

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229 kgs of ganjas were recovered from the house of

accused No.1 and other accused persons. During the

investigation, the police arrested this petitioner on

31.12.2020 and he was remanded to judicial custody.

The petitioner has approached the Sessions Court for

grant of bail, which came to be rejected. Hence, he is

before this Court.

3.

Learned counsel for the petitioner has

contended that the petitioner is innocent of the alleged

offence and he has been falsely implicated in the case

and his name has been implicated only on the

voluntary statement of the co-accused and nothing has

been recovered from his possession to show that he

was in conscious possession of ganja. The co-accused

is having similar allegations and accused No.11 has

been granted bail by a Co-ordinate Bench of this Court

in

Crl.P.No.7201/2020

dated

04.12.2020.

The

petitioner is ready to abide by the conditions that may

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be imposed by this Court. Hence, prayed for allowing

the bail petition.

4.

Per

contra,

the

learned

High

Court

Government Pleader seriously objected the bail petition

and contended that the petitioner is also involved in

selling of the ganjas along with other accused persons.

More than 414 kgs of ganja has been recovered. The

investigation is still pending and it is not completed. If

the petitioner is granted bail, he may abscond and he is

likely to commit the similar offence. Hence, prayed for

dismissal of the bail petition.

5.

Upon hearing the arguments and on perusal

of the records, admittedly, it goes to show that the

police raided the house of accused No.1 and seized 150

kgs of ganjas buried under the ground and in open

space also, they found 229kgs of ganja and the same

has been recovered by the police. Admittedly, none of

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the accused persons were arrested on the spot and

during the investigation, they arrested the co-accused

persons and on the voluntary statement, the name of

this petitioner is mentioned in the remand application.

The name of this petitioner is not found in the FIR and

co-accused No.11 has been granted by a Co-ordinate

Bench of this Court in Crl.P.No.7201/2020 dated

04.12.2020. There is no seizure of contraband articles

from the possession of this petitioner except the

voluntary statement of the co-accused. Therefore,

considering the facts and c