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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 9^TH DAY OF DECEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.102291/2021

BETWEEN:

BHAVANA

D/O LATE LAXMAN BANGALORE

AGE: 24 YEARS, OCC: PRIVATE JOB,

R/O: GANGADHAR NAGAR,

SETTLEMENT 4^TH CROSS, HUBLI,

DIST: DHARWAD – 580020.

...PETITIONER

(BY SRI SRINIVAS B NAIK, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

REP BY SPP HIGH COURT OF KARNATAKA,

DHARWAD BENCH 580011

THROUGH HUBLI TOWN POLICE STATION HUBLI

... RESPONDENT

(BY SRI. RAMESH B.CHIGARI, HCGP)

THIS

CRIMINAL

PETITION

IS

FILED

UNDER

SECTION

438

OF

CR.P.C.

SEEKING

TO

GRANT

ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED

NO.6 IN HUBBALLI TOWN P.S. CR. NO.103/2021 FOR

THE OFFENCE PUNISHABLE UNDER SECTION 20(b) (ii)

(B) OF NDPS ACT, 1985.

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THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

Accused No.6 has filed this petition under

Section 438 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the ‘Cr.P.C.’,

for brevity) seeking anticipatory bail in Crime

No.103/2021 of Hubli Town Police Station,

registered for the offences punishable under

Sections 20(b) and 20(b)(ii)(B) of Narcotic

Drugs and Psychotropic Substances Act, 1985

(hereinafter referred to as the ‘NDPS Act’, for

brevity).

2.

It is the case of the prosecution that,

The case of the prosecution is that, one Sri.

B.N. Satannavar, PSI Town Police Station,

Hubballi, has received a credible information

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and on that basis, registered a complaint on

20.09.2021 at 9.20 am. Thereafter he secured

panchas, staff and gazetted officer and went

near the Tabib Land Water Tank, Hubballi, and

found four persons in the car. On search, it

was found that about 5703 grams of Ganja,

one sky bag and 4 packets of Ganja, which is

about 5 grams each and one stapler and one

weighing machine and 20 small plastic bags in

the car. On the personal search of accused

Nos. 1 to 4, he found 103 grams of Ganja with

accused No.1, 102 grams of Ganja each with

accused Nos. 2 to 4. He seized the said

articles under mahazer. On enquiry, accused

Nos.

1

to

4

revealed

the

name

of

one

R.K/accused No.5, stating that they used to

purchase Ganja from him. On 28.09.2021,

accused No.5/R.K was also arrested and 309

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grams of Ganja and cash of Rs.300/- was

recovered

from

him

and

during

his

interrogation,

he

revealed

the

names

of

accused Nos. 6 and 7. Accused No.5 has stated

in his voluntary statement that he used to sell

ganja to the petitioner and the petitioner used

to transfer money to accused No.5 online. The

petitioner

apprehending

her

arrest

filed

Criminal Miscellaneous No.763/2021 seeking

anticipatory bail and the same came to be

rejected by the learned Principal District and

Sessions

Judge,

Dharwad

by

order

dated

23.11.2021. Therefore, the petitioner is before

this Court seeking anticipatory bail.

3.

Heard the arguments of the learned

counsel appearing for the petitioner and the

learned High Court Government Pleader for the

respondent-State.

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4.

It would be the contention of the

learned counsel for the petitioner/accused No.6

that, the name of the petitioner came to be

implicated only on the voluntary statement of

accused No.5. Whether there is involvement of

this petitioner/accused No.6 or not, is a matter

of investigation and trial. The petitioner is a

lady and she is ready to co-operate with the

police in the investigation. With this, he prayed

to allow the petition.

5.

Per

contra,

learned

High

Court

Government Pleader contends that, the offence

alleged

to

have

been

committed

by

the

petitioner is a serious offence which affects the

general public. He submits that investigation

is

still

in

progress

and

the

petitioner

is

required for custodial interrogation. He further

s