Narayanappa vs State Of Karnataka

Ashok G. Nijagannavar, J

This petition is filed under Section 438 of Cr.P.C. by accused No.2 seeking anticipatory bail in the event of his arrest in connection with Spl.

C.No.157/2020 (Crime No.227/2020 of Bagepalli Police Station, Chikkaballapua, registered for the offence punishable under Section 20(b) of Narcotic

Drugs and Psychotropic Substances Act, 1985, now pending on the file of Principal District and Sessions Judge, Chikkaballapura.

The facts leading to this petition are that on 14.09.2019 after 01:15 p.m. the Circle Inspector of Bagepalli Police Station, on receiving credible

information about the sale of ganja by a lady near National college, recorded the information and informed the higher authorities. Thereafter, he went

to the spot along with his staff and Gazetted Officers. On conducting search, the lady was found in possession of 1.150 grams of ganja worth

Rs.40,000/-, it was seized in the presence of Gazetted Officers and panch witnesses. After conducting investigation, charge sheet has been filed.

Petitioner had filed bail application before the sessions Court under Section 439 Cr.P.C. seeking regular bail in Crime No.227/2020 of Bagepalli

Police Station, but the same was rejected.

Learned counsel for the petitioner would contend that it is only on the voluntary statement of accused No.1, the lady by name Smt.Chowdamma,

the police have falsely implicated the petitioner in this case. In the event of arrest and detention, the petitioner would be put to great hardship and

injustice.

On the other hand, learned HCGP has submitted that the sessions Court has rejected the bail application under Section 439 Cr.P.C. by observing

that petitioner-accused No.2 was absconding, but the Investigating Officer has failed to mention in the charge sheet that accused No.2 was

absconded. On verifying the certified copy of the final report, it was found that the words ""in crime No.216/2020"" after the words ""arrested and sent

to JC"" at Sl.No.XVII of Column No.12 of the charge sheet has been altered purposely and deliberately by tampering the records. Thus, there are no

valid grounds for granting bail.

Having heard the submissions made by the learned counsel for the petitioner and learned HCGP, this Court has gone through the observations made

by the sessions Court in the bail order and other records.

The observations made by the sessions Court indicate that the petitioner-accused No.2 was also involved in another Crime No.216/2020 and there

was tampering of some documents by learned counsel for the petitioner before the sessions Court. Hence, there are no grounds to hold that the

petitioner do not have any criminal antecedents. Under these circumstances, there are no valid grounds for granting bail. Accordingly, the bail petition

is rejected.