C1'! . I".(34(w 3 /()9
IN THE HIGH COURT or KARNATAKA AT BANGALORE
DATED THIS THE 04TH DAY 01%' JANUARY 2010
BEFORE
THE HON'BLE MR.JUsT1cE A.s.PAcHHA;§:IRE_i."~ i T '
CRIMINAL PETITION N0,"64e:1)'2'0o9'A ~ *
BETWEEN ' '
Lokappa,
S/o. Shankar Naik,
Aged 55 years, V ' _«
R/a Vadahosahal1iVi11age;--~ - -
Hosanagara Taluk,
Shimoga District. V
Teekesh, '
S/0. Shankar€Nai.létw,_ '
Aged 35 Y¢1rs;"=.. .. " . "
R/a Vadeghosvahaili V'iiIage;.¢V"'
Hosanagara Ta1uk',,--~.. * " -- .
Shimoga I}istrict.. PETITIONER/S
(Sri. Loikesh 8;' R. Naik, Advs.]
VE'-taeteiby Police Station,
1-165an_agara'*1fa11i'i:;' RESPONDENT/S
V V' _ (Sri. "RajaT__'SulTi'emanya Bhat, HCGP]
=i==iE=5=1=
A i'E~'.his Criminal Petition is filed under Section 438
praying to enlarge the petitioners on bail in the
':'_*e.vent of their arrest on Crime No.182/ 2009 of Rippenpete
~ _' :.VPo1ice Station, Rippenpete, Hosanagar Taluk, now pending
-are as under:
2 C:'§.P.(7'-'ifw i/(>9
on the file of the Special Sessions Judge, Shimoga, for the
offence P/U/S 8{B), 20{A) of Narcotic Drugs 8: Psychotropic
Substances Act. 1995. it it
This Criminal Petition coming on for 0rders.« .
day, the Court, made the following:
ORDER
This petition is filed under Section
requesting for grant of anticipatory pg bail; japprevhending
arrest in Crime No.182/i:2._(gEO9 i.itlie_Vi..oiffencev”punishable
under Sections 20 (a) (b) the Narcotic
Drugs 8: (hereinafter
called as ‘the ‘by Ripponpete Police
Station. V
2. Theiifacts rielevanatifor the purpose of this petition
‘ Ripponpete Police Station had credible
inforinationiiiahotiht’growing ganja plants in S.No.28 of Vada
hosahalii Village and in the circumstances. he alongwith
” the “staff vtrent in a jeep to the Village, secured the attesting
..Witi3.gesses and went to the land bearing S.No.28 said to
” –. have been in possession of the petitioner. There he found
531/
V
3 (.’.;~:_;>.64(»1/(>9
that 39 ganja and chilly plants were grown within the said
land at different places. The said plants were cutp””apnd
seized and they weighed 39 kgs. and were worth , V.
00. In the circumstances. when he made an
the accused, he found that they were
seizure, registered the crime on theiiiibasisii of
complaint for the abovesaid offeirices. .”‘l’he still
under investigation by the niioli-.£i2i_:&”:. is ‘blunder these
circumstances that an
application to anticipatory
bail and as the rejected, they have
approachediitiiisiivffioiuijt’for_grant._”of bail under Section 438
Cr.P.C.
i Itupis the cointention of the learned counsel for the
in’V.petitionersTthiatthe petitioners are innocent and have not
co’mrri_i_ttevd4:”‘–an3{‘V-nifence. He also submits that the land
bearing S.,i’\To.fi’8i is not owned by the petitioners and that
xpyetitioners have no nexus with the crime said to have
been*coinrnitted. He has also produced the property extract
‘of._S;.No.28 which that it is a Government land and in the
“circumstances, he submits that the petitioners have no
2′
a
4 £::~1.P.e4m/()9
nexus with the crime alleged and also the growing of ganja
plants in the said land. So also, it is his contentionjthat
the petitioners have been malafidely arrayed V.
and that the petitioners are ready and willingicii p
any conditions that may be imposeidmfor ._t11eir’ re’iease’:V’on”‘.
bail. On these grounds, they have slought forthe
bail. . . .9
4. The learned Go\(ernrnepntV’:Pl_ea.der has Voppvvosed the
petition and has madgk, iv statement of the
witnesses recorded’during’the:’investigat.ion,;’ ‘
5. ‘iiaiffi counsel for the
petitioners. and Pleader. The point
that arise for is:
petitioners are entitled to
V iihtheivadnticipiatpory bail sought for ?”
A Svodfafir as the offence under the Act is concerned,
T3″-e._they ar’£__Asocial crimes wherein the growing Qaf ganja
afVi’ects”A_«the society as well. In these circumstances, the
V”‘r,.__flprow?;isions of the Act are strictly implemented and the
. “punishment provided for such offences i.e., even for
$4
5 (fl-I.:>.rn4<a1r('1L)
growing the ganja plants extend to about ten years. So far
as the contention of the learned counsel for the petitioners
that the land bearing S.No.28 does not belong_'t:oV':ithe'-.V
petitioners is accepted, the statement of '
prima facie reveal that the saidfliand. 'W",2'1S '–thex"g
cultivation of the petitioners. Apartflfrcrlnl thi's,._.the«.
like ginger and chilly were grownn.__a'1:d if w.as.Va:'foVrest'iand,
there could have been no…guesti'onlVg_:ofu"raising"such crops.
Furthermore, the questionas 'tog petitioners
were in actual possesvsion: niatter which will
have to be stageeoti and prima facie
looking into" witnesses and the
allegationsqand Jrehcorded by the Police suo-
motu, it appears that__the: petitioners were in possession of
"this flihepre wiereasvmany as 47 ganja plants weighing
labout" Rs.39,000-00 were raised and
considering thelpirintention of the Legislature and the fact
' that the offences are social crimes, I do not think that it is
case 'Where anticipatory bail under Section 438 Cr.P.C.
I granted.
6 (.’.-1.:>.e4rw(19
7. It is well established principle of law that the
discretion vested with the Court under Section 438 Cr’.’P.C.
has to be sparingly used only in exceptional circnmistanices-«V
wherein an innocent person has been implicat_edfinV”t:he.’_f
crime. But the perusal of the materialplacegii §mjr¢c¢.rd”–,
reveals prima facie the commission ofaiz offence unciei:_the’q
provisions of the Act.
8. As the Petitioner No.5 ” ‘granted bail
under Section 439 Cr.P.C. be appropriate
for the first petitioner ::to Court by filing
regular app1i¢iati:on:.’V’fo’r learned Judge shall
consider 7.the_ same~a_s*eXpediti–onsly as possible and grant
the relief depending facts and circumstances in
the cajse, The” presence of the petitioner for the
“‘,inirestigat’ion_’Wis also essential and under these
circuznstanfces, of the opinion that the petitioner is
not erztitlgi .toAthe anticipatory bail sought for. Hence, I
“”‘:7.’A”«an’swer the point in negative and proceed to pass the
7 C 1-1 . I’.()~i(3 :/{)9
ORDER
The petition is dismissed. The petitioner is directed
to surrender to the Police and in case, if the petitionérapé
an application for regular hail, the learned .
shall consider the said application and~r1i$po.se’of’:t’I1e.xsa’;ne’i’._
expeditiously. The petition is accordi’ngI:§f’ idisp:ose’d:’of,u A
I UDGE
JL