SURAJ KALLAPPA AGASAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner - accused No.2 under Section 439 of Cr.P.C. in Malamaruthi P.S. Crime No.86/2019 for the offence punishable under Section 20B of the Narcotic Drugs and Psychotropic Substances Act , 1985. The accused is in judicial custody since from the date of his arrest. Therefore, learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail among the grounds urged therein.

(2.) It is stated in the complaint that the complainant-the Police Inspector of Malmaruthi P.S. received credible information on 16.07.2019 at about 19:40 hours that one person by name Akhilahamad Kutubuddin Munavalli-accused No.1, the resident of Amaan Nagar Belagavi was possessing ganja in a plastic bag for selling the same, he had come near Kunda Hotel at Azadnagar. The Police Inspector had intimated the same information to his higher officials. Thereafter, the complainant formed a team by securing panchas and went to the scene of crime, where at 21:15 hours, they saw a person holding a plastic bag coming near the spot and the said person was waiting for some other persons and after few minutes, the raiding team saw two persons coming on the motorcycle and those two persons collected two separate plastic bags and in return they paid him money and thus seeing these persons, the raiding team caught them on the spot, where the present petitioner was also apprehended, as he was the pillion rider. Thereafter, in the presence of panchas, 270 grams of ganja worth of Rs.2,700/- and one POCO mobile handset was seized from the custody of the petitioner - accused No.3.

(3.) Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not at all committed the alleged offence and there are no direct overt acts attributed against the petitioner in committing the alleged offences. The accused is no way connection with the alleged offence. It is found that 270 grams of ganja worth of Rs.2,700/- was in the possession of the petitioner. It is further submitted that the petitioner is the only earning member in the family, if the said petitioner is supposed to be kept behind the bar for a longer period, then the family members of the petitioner would loose their bread winner to eke out their life. It is submitted that the co-accused have already been granted bail by this Court by imposing certain conditions as specified therein in Criminal Petition No.101474/2019 disposed of on 21.08.2019 and Criminal Petition No.101535/2019 disposed of on 22.08.2019, as this accused as well as those accused are on the similar footing for the aforesaid offences. Lastly, the learned counsel submitted that the petitioner is in judicial custody since from the date of arrest and he is ready to abide by any terms and conditions imposed by this Court, while granting bail to him. Therefore, the learned counsel for the petitioner prayed to enlarge the petitioner on bail.