AMEER ABDUL LATIF BAIG Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner-accused No.4 under Section 439 of Cr.P.C. in Malamaruthi P.S. Crime No.86/2019 for the offence punishable under Section 20(B) 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 being accused was possessing ganja in a plastic bag for selling the same he had come near Azadnagar. The Police Inspector had intimated the said information to his higher officials. Thereafter, the complainant formed a team by securing pancha witnesses 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. Thereafter, in the presence of panchas, 200 gms. of ganja was seized.

(3.) Whereas the learned counsel for the petitioner has taken me through the sum and substance of the complaint report and submits that the complainant-Police Inspector of Malamaruti P.S conducted mahazar in the presence of panch witnesses and this petitioner being arraigned as accused No.4 and is a student studying B.E. Course in Belgavi, if the accused is kept behind the bar for longer period, certainly his career would jeopardize. He further submits that the co-accused have already been granted bail by this Court by imposing suitable conditions to safeguard the interest of prosecution and moreover this accused as well as those accused are on the similar footing; therefore, principles of parity be extended to this accused also. Lastly the counsel submitted that the petitioner-accused No.4 is ready to abide any terms and conditions imposed by this Court while granting bail to him. These are all the contentions taken by the learned counsel for the petitioner and seeking for regular bail to him.