Crl.P.No.200108/2021

1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 28^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY

CRIMINAL PETITION NO.200108/2021

BETWEEN:

Sri Rangu S/o Rekhu Lamani,

Aged about 43 years,

Occ : Agriculture,

R/o Takkalaki LT No.1,

Vijayapur.

… Petitioner

(By Sri S.S.Mamadapur, Advocate)

AND:

The State of Karnataka

Through Vijayapur Range Excise PS,

Represented by State Public Prosecutor,

Advocate General’s Office,

High Court Building, Kalaburgi.

… Respondent

(By Sri Sharanabasappa M. Patil, 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 by the respondent police in Vijayapur

Crl.P.No.200108/2021

2

Range Excise PS Crime No.11/2020-21/1003IE/100303

registered

for

the

offences

punishable

under

Sections 20(b), 25, 60, 8B and 8C of the NDPS Act, 1985

pending on the file of III Addl. Civil Judge and JMFC-III,

Vijayapur.

This petition coming on for Orders this day, the

Court made the following:

O R D E R

Heard the learned counsel for the petitioner, the

learned High Court Government Pleader for respondent/

State and also perused the materials available on record.

2.

It is the case of the prosecution that the

complainant–Mahadev Pujari, Excise Inspector, Vijayapur

received a credible information over telephone that one

person travelling in a motorbike bearing Reg.No.KA-28/V-

2913 was transporting ganja for the purpose of sale and

on

receipt

of

such

information,

immediately

the

complainant along with his staff and panch witnesses

went to the main road of Takkalaki village and at about

6.30 pm they saw one motorbike coming and immediately

the same was intercepted by the complainant and his staff

Crl.P.No.200108/2021

3

and person who was riding the motorbike left the same

and ran away from the spot. The complainant found a

plastic bag near the motorbike which contained about

3 kgs. of ganja. The complainant seized the motorbike and

contraband

article

under

panchanama

and

there

afterwards returned to Excise Office, Vijayapur sub-

Division and lodged a complaint, on the basis of which an

FIR in Crime No.11/2020-21/1003IE/100303

dated

04.11.2020 was registered by the Vijayapur Range Excise

Sub

Division

for

the

offences

punishable

under

Sections 20(b), 25, 60, 8(b) and 8(c) of the Narcotic Drugs

and Psychotropic Substances Act, 1985. Apprehending

arrest in the said case the petitioner had filed bail petition

under Section 438 of Cr.P.C before the court of Principal

Sessions

Judge/Special

Judge,

Vijayapur

in

Crl.Misc.No.1165/2020,

which

was

dismissed

on

16.12.2020.

3.

Learned counsel for the petitioner submits that

petitioner is innocent of the alleged offences. He has been

Crl.P.No.200108/2021

4

implicated in the case only for the reason that he was

owner of the motorbike which was seized by the

complainant.

He

submits

that

petitioner

has

no

antecedents of any type and he is a law abiding citizen. He

submits that the petitioner is ready and willing to

cooperate with the Investigating Agency and the seizure of

the contraband article is already made in the case and

therefore he prays to enlarge the petitioner on bail.

4.

Per contra, learned High Court Government

Pleader opposes the bail petition contending that the

petitioner has given his motorbike to the accused who was

carried the ganja in the bike. The said person has

absconded and he is yet to be traced and under the

circumstances if the anticipatory bail is granted to the

petitioner he is likely to interfere with the investigation

and

also

tamper

with

the

prosecution

witnesses.

Therefore, he prays to dismiss the bail petition.

Crl.P.No.200108/2021

5

5.

From the perusal of the material on record, it

is seen that on credible information the complainant had

i