Criminal Petition No. 2451 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:15164 CRL.P No. 2451 of 2025 C/W CRL.P No. 3750 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2451 OF 2025 C/W CRIMINAL PETITION NO. 3750 OF 2025 IN CRL.P NO. 2451/2025 BETWEEN: NAWAZ PASHA AGED ABOUT 23 YEARS, S/O. SHEIK NAWAZ @ YARAB, R/AT NO.307, NEAR AISHA HOTEL, M.S. PLAYA, VIDYARANYAPURA POST, BENGALURU - 560 097 (BY SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA., …PETITIONER
Legal Reasoning
Digitally signed by SWAPNA V Location: High Court of Karnataka ADVOCATE) AND: THE STATE OF KARNATAKA BY YELAHANKA NEW TOWN POLICE STATION, BENGALURU, REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU - 560 001
Legal Reasoning
(BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN SPL.C.C.NO.2597/2024 (CR.NO.297/2024) REGISTERED BY THE YELAHANKA NEW TOWN POLICE, BENGALURU/RESPONDENT FOR THE OFFENCES P.U/S 8(C), 20(B)(II)(C) OF NDPS ACT, PENDING ON THE FILE OF HONBLE - 2 - NC: 2025:KHC:15164 CRL.P No. 2451 of 2025 C/W CRL.P No. 3750 of 2025 XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES, BENGALURU (CCH-35). IN CRL.P NO. 3750/2025 BETWEEN: 1. ARBAJ MAHAMOD GOUSE S/O. MOHAMOD GOUSE AGED ABOUT 24 YEARS, R/AT.10, CROSS, OPPOSITE RELIANCE MARKET, HENNUR GARDEN, BANGALORE - 560 064 2. FAIZAN HASSAN TARIKAR, S/O. HASAN TAKIRAR, AGED ABOUT 24 YEARS, R/AT.10TH CROSS, OPP. RELIANCE MARKET, HENNUR GARDEN, BANGALORE - 560 064 ...PETITIONERS (BY SRI. NINGARAJA M.N., ADVOCATE) AND: STATE OF KARNATAKA REP BY YALAHANKA NEW TOWN POLICE STATION, BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE -560 001. ...RESPONDENT (BY SMT. PUSHPALATHA B., ADDL.S.P.P.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS / ACCUSED NO.2 AND 3 ON BAIL IN SPL.C.C.NO.2597/2024 (CR.NO.297/2024) OF RESPONDENT YALAHANKA NEW TOWN POLICE STATION FOR OFFENCE P/U/S 8(C), 20(B)(II)(C) OF NDPS ACT, PENDING ON THE FILE OF THE ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE (CCH-35). - 3 - NC: 2025:KHC:15164 CRL.P No. 2451 of 2025 C/W CRL.P No. 3750 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY COMMON ORAL ORDER Accused Nos.2 to 4 in Crime No.297/2024 registered by Yelahanka New Town Police Station, Bengaluru, for offences punishable under Sections 8(c) and 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985, (for short ' NDPS Act') are before this Court under Section 439 of Cr.PC seeking regular bail. 2. 3. Heard the learned counsel for the parties. FIR in Crime No.297/2024 was registered by Yelahanka New Town Police Station, Bengaluru for the aforesaid offences against Habib and others on the basis of the first information dated 10.06.2024 received from Basavaraju Lamani - Police officer attached to Yelahanka New Town Police Station. 4. During the course of investigation of the case, petitioners were arrested on 10.06.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against seven persons. The petitioners herein are arrayed as accused Nos.2 to - 4 - NC: 2025:KHC:15164 CRL.P No. 2451 of 2025 C/W CRL.P No. 3750 of 2025 4 in the charge sheet. Bail application filed by the petitioners in Crl.Mis.No.11865/2024 and Crl.Mis.No.644/2025 before the Jurisdictional Sessions Court were rejected on 15.01.2024 and 04.02.2025 respectively. Therefore, the petitioners are before this Court. 5. Learned counsel for the petitioners submit that petitioners do not have any criminal antecedents. Accused No.1 has been granted regular bail by this Court in Crl.P.No.2146/2025 disposed of on 06.03.2025. Investigation of the case is completed and charge sheet has been filed and petitioners custody is no more required. Accordingly, prays to allow the petitions. 6. Per contra, learned Additional SPP who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioners. 7. Perusal of the material on record would go to show that, on receipt of credible information on 10.06.2024 that, accused Nos. 2 to 4 had stocked about 25 to 30 kgs of contraband article allegedly ganja in the house belonging to accused No.1 situated within the jurisdiction of Yelahanka New - 5 - NC: 2025:KHC:15164 CRL.P No. 2451 of 2025 C/W CRL.P No. 3750 of 2025 Town Police Station, the first informant had approached the Station House Officer of Yelahanka New Town Police Station and based on his report, FIR was registered in Crime No.297/2024 for the aforesaid offences against Habib and the petitioners herein and thereafter, a ride was conducted to the house allegedly belonging to accused No.1 - Habib and from the said house, accused Nos. 2 to 4 were apprehended on 10.06.2024 and from their possession, contraband article allegedly ganja totally weighing 32 kgs was seized. It is not in dispute petitioners who are arrayed as accused Nos. 2 to 4 in the charge sheet have no criminal antecedents. They are in custody for the last more than 9 months. As per charge sheet allegations, accused No.1 with the help of accused Nos. 2 to 7 had purchased ganja for a lower price and had stocked in his house with an intention to sell the same to the public for a higher price and make money. 8. Material on record would go to show that, the house from which contraband article was seized stands in the name of Smt. Sajidhunnisa @ Reshma w/o Shek Umar Paruk who is the elder sister of accused No.1. It appears that Smt. Sajidhunnisa and her brother Habib were residing in the said - 6 - NC: 2025:KHC:15164 CRL.P No. 2451 of 2025 C/W CRL.P No. 3750 of 2025 house. In the charge sheet, aforesaid Smt. Sajidhunnisa is not arrayed as accused. According to the prosecution, when the ride was conducted to the house, only accused Nos. 2 to 4 were found in the house though, material on record would go to show that in the said house accused No.1 and his elder sister Smt. Sajidhunnisa were residing. Since, the seized contraband is from the house belonging to Smt. Sajidhunnisa and petitioners were only found in the said house when the ride was conducted to the said house, rigor under Section 37(1)(b) of the NDPS Act cannot be strictly made applicable to the petitioners. Under such circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:-
Decision
ORDER The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.297/2024 registered by Yelahanka New Town Police Station, Bengaluru, for offences punishable under Sections - 7 - NC: 2025:KHC:15164 CRL.P No. 2451 of 2025 C/W CRL.P No. 3750 of 2025 8(c), 20(b)(ii)(C) of NDPS Act, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV/ List No.: 1 Sl No.: 46