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IN THE HIGH COURT OF KARNATAKA

AT BENGALURU

DATED THIS THE 1^ST DAY OF JUNE, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.3694 OF 2021

BETWEEN:

P.DILIP KUMAR

AGED ABOUT 27 YEARS

S/O M.V.PAPANNA

R/AT NO.47, 14^TH A CROSS

THIGALARA PALYA MAIN ROAD

RAGHAVENDRANAGAR, KARIOBANAHALLI

BENGALURU NORTH, BENGALURU – 560 058

... PETITIONER

[BY SRI.TUMBIGI PRABHUGOUDA

BASAVANTARAYAGOUDA, ADVOCATE]

AND:

THE STATE OF KARNATAKA

BY PEENYA POLICE STATION

BENGALURU REP BY

STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU – 560 001

... RESPONDENT

[BY SRI. SHOWRI H.R, HCGP]

* * *

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF

CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE

EVENT OF HIS ARREST IN CR.NO.9/2021 OF PEENYA P.S., BENGALUR

CITY FOR THE OFFENCE P/U/S 20(B)(II)(b) OF NDPS ACT AND

SEC.25(I)(B)(b) OF NDPS ACT AND SE.25(i)(B)(b) of ARMS ACT AND

SEC.399 AND 402 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY

THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for petitioner and learned High

Court Government Pleader for respondent-State.

2.

This petition is filed under Section 438 of Cr.P.C by

accused No.4 in Crime No.9/2021 of Peenya Police Station

registered for offences punishable under Sections 399 and 402 of

IPC and Sections 20(B)(II)(b) of NDPS Act, 1985 and Sections

25-1(B)(b) of Arms Act, 1959.

3.

The case of the prosecution is that the police sub-

inspector of Peenya Police Station received a credible information

on 15.01.2021 at about 12.15 p.m., that about 9 to 10 persons

have assembled near Karihobanahalli Nilagiri Planatation holding

weapons and they are in possession of ganja. Immediately, he

secured the panch witnesses and went to the spot along with his

staff. They noticed 3 two wheelers parked at the spot and about

9 persons armed with weapons. On seeing them 6 of the

accused fled away and they apprehended 3 accused. It is the

further case of prosecution that from accused No.1, 30 grams of

ganja and a long and from accused No.2, 25 grams of ganja and

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a long and from accused No.3, 35 grams of ganja was seized.

Further, a plastic bag containing 1kg 900 gram of ganja and a

Deo motorcycle bearing Registration No.KA-01-HU-9635 was also

seized. It is alleged that the arrested accused revealed the

names of the other accused persons who ran away from the

spot, including the name of the petitioner.

4.

The learned counsel for petitioner contends that

entire allegations against the petitioner are false. He submits

that the petitioner was not at all present at the spot at the time

of incident on the other hand on 12.01.2021 he had traveled to

Goa from Bengaluru and returned only on 18.01.2021. Copies of

the online tickets are annexed to the petition.

5.

Learned High Court Government Pleader contends

that the petitioner is a habitual offender and therefore in the

event of grant of anticipatory bail he may once again involve in

similar offences and also flee from justice.

6.

According to the prosecution accused Nos.1 to 3

were apprehended at the spot and certain recoveries were made

at their instance. It is not in dispute that on the basis of

statement of the co-accused the petitioner has been arraigned as

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an accused in this case. The allegations against the petitioner

have to be established in the course of trial. Keeping in view the

submission made by the learned counsel for petitioner and

considering the facts and circumstances, relief sought by the

petitioner can be granted by imposing suitable conditions. Hence,

the following

ORDER

Criminal petition is allowed.

Petitioner/ accused No.4 shall be released on bail in the

event of his arrest in Crime No.9/2021 of Peenya Police Station,

registered for offences punishable under Sections 399 and 402 of

IPC and Sections 20(B)(II)(b) of ND