Criminal Petition No. 2650 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:24189 CRL.P No. 2650 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2650 OF 2025 BETWEEN: AKMAL BABA @ BABA @ BILLI BABA, S/O LATE ABDUL WAJID, AGED ABOUT 36 YEARS, R/AT 14, 14TH CROSS, MODI ROAD, DEVARAJEEVANAHALLI, BENGALURU - 560 045. (BY SRI. SREENIVASA KUMAR D G., ADVOCATE) AND: STATE OF KARNATAKA, DEVARAJEEVANAHALLI POLICE STATION, BENGALURU - 560 045. REP BY GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …PETITIONER
Legal Reasoning
is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.183/2023 was registered by Devarajeevanahalli Police Station, Bengaluru City for the aforesaid offences against the petitioner herein, based on the first information dated 03.08.2023 received from - 3 - NC: 2025:KHC:24189 CRL.P No. 2650 of 2025 HC-KAR Amaresh, Police Sub-Inspector attached to Devarajeevanahalli Police Station, Bengaluru City. 4. During the course of investigation of the case, petitioner herein was arrested on 03.08.2023 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.4673/2024 which was rejected on 10.06.2024. It is under these circumstances, petitioner is before this Court in this successive bail application. 5. Learned Counsel for the petitioner submits that petitioner is in custody for the last nearly two years. Out of the 18 charge sheet witnesses till date only 3 charge sheet witnesses have been examined. Pancha witnesses to the recovery mahazar, who are examined as P.W-2 and - 4 - NC: 2025:KHC:24189 CRL.P No. 2650 of 2025 HC-KAR P.W-3 have turned hostile to the case of the prosecution. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. She submits that seized contraband article is of commercial quantity and petitioner's earlier bail application has been dismissed on merits by this Court. Accordingly, she prays to dismiss this petition. 7. Petitioner was arrested and remanded to judicial custody in the present case on 03.08.2023. It is not in dispute that he has no criminal antecedent of similar nature against him. Prosecution has in all cited 18 charge sheet witnesses in the present case and till date only 3 charge sheet witnesses have been examined before the trial Court. According to the learned Counsel for the petitioner Pancha witnesses to the recovery mahazar who were examined as P.W-2 and P.W-3 have turned hostile to the case of the prosecution. - 5 - NC: 2025:KHC:24189 CRL.P No. 2650 of 2025 HC-KAR 8. In the case of CHITTA BISWAS ALIAS SUBHAS VS. STATE OF WEST BENGAL reported in 2020 SCC OnLine SC 1536, the Hon'ble Supreme Court taking into consideration that the accused was in custody for a period of one year seven months and there was no sufficient progress in trial, without expressing any opinion on merits and demerits of the case, has granted regular bail to the accused. In the case of NITISH ADHIKARY ALIAS BAPAN VS. STATE OF WEST BENGAL reported in 2022 SCC OnLine SC 2068 in a case where charge sheet was filed for the offences punishable under Sections 21(c) and 37 of the NDPS Act and accused was in custody for a period of one year seven months, the Hon'ble Supreme Court has granted regular bail on the ground that trial is still in the preliminary stage, as only one witness was examined. 9. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE - 6 - NC: 2025:KHC:24189 CRL.P No. 2650 of 2025 HC-KAR SC 1693 at paragraph No.19, the Hon'ble Apex Court has observed as follows: "19. If the State or any prosecuting agency including the Court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime." 10. It is not in dispute that in the earlier two criminal cases which were registered against the petitioner for the offence punishable under Sections 307 of IPC and Section 384 of IPC, he has been granted bail. Petitioner is in custody in the present case for the last nearly two years and the chances of the trial being completed and the case being disposed of on merits in the near future is remote. Considering the aforesaid aspects of the matter and also having regard to the period of petitioner's incarceration, I am of the view that without expressing any opinion on the - 7 - NC: 2025:KHC:24189 CRL.P No. 2650 of 2025 HC-KAR merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
Arguments
(BY SMT.RASHMI PATEL., HCGP) …RESPONDENT Digitally signed by KAVYA R Location: High Court of Karnataka THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN (CR.NO.183/2023) OF RESPONDENT SPL.C.NO.174/2024 DEVARAJANAHALLI BENGALURU REGISTERED FOR ALLEGED OFFENCE P/U/S 22(c) AND 27(b) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 ON THE FILE OF THE LRD. XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES (CCH-33) BENGALURU. STATION, POLICE - 2 - NC: 2025:KHC:24189 CRL.P No. 2650 of 2025 HC-KAR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.No.174/2024 pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, Bengaluru, arising out of Crime No.183/2023 registered by Devarajeevanahalli Police Station, Bengaluru City for offences punishable under Sections 22(C), 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act')
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.174/2024 pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, Bengaluru, arising out of Crime No.183/2023 registered by Devarajeevanahalli Police Station, Bengaluru City for offences punishable under Sections 22(C), 27(b) of the NDPS Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial - 8 - NC: 2025:KHC:24189 CRL.P No. 2650 of 2025 HC-KAR Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 47