Criminal Petition No. 3701 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:25790 CRL.P No. 3701 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3701 OF 2025 BETWEEN: MS. LALNNGAIHUAL, W/O LALREMRUVATA, AGED ABOUT 38 YEARS, RESIDENT AT 3RD FLOOR, DR. B THANGDAILOVA BUILDING KHATLA, AIZWAL MIZORAM, INDIA - 796 001. …PETITIONER Digitally signed by KAVYA R Location: High Court of Karnataka (BY SRI. BASAVARAJU T A., ADVOCATE) AND: UNION OF INDIA, THROUGH INTELLIGENCE OFFICER, NARCOTIC CONTROL BUREAU, BENGALURU ZONAL UNIT, YELAHANKA, BANGALURU. NO-7/1, PRIYANK VILLAS, RAMANA GARDEN, KATTIGENAHALLI, BEGUR MAIN ROAD, PIN-560063.
Facts
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, NEAR ADVOCATE GENERAL OFFICE, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDI, - 2 - NC: 2025:KHC:25790 CRL.P No. 3701 of 2025 HC-KAR BENGALURU - 560 001. …RESPONDENT
Legal Reasoning
is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. - 3 - NC: 2025:KHC:25790 CRL.P No. 3701 of 2025 HC-KAR 2. Heard the learned counsel for the parties. 3. Learned Counsel for the petitioner submits that petitioner who is a lady is in custody in the present case for the last more than three years. Undisputedly, there is no seizure of any contraband article from the possession of the petitioner. Accused No.1 from who's possession the contraband article has been seized, has been enlarged on bail by the co-ordinate Bench of this Court in W.P.No.32489/2024 disposed of on 20.02.2025. Accordingly, he prays to allow this petition. 4. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner. 5. Perusal of the material on record would go to show that contraband article allegedly Heroin totally weighing 13.85 Kgs was seized in the present case from the possession of accused Nos.1 and 2 on 24.05.2022. During the course of investigation of the case, petitioner - 4 - NC: 2025:KHC:25790 CRL.P No. 3701 of 2025 HC-KAR herein was arrested on 25.05.2022. After completing investigation complaint is filed against nine persons and petitioner is arraigned as accused No.4. Bail application filed by the petitioner before the Jurisdictional Sessions Court was earlier rejected. Therefore, she had approached this Court in Crl.P.No.12338/2022 which was dismissed by the co-ordinate Bench of this Court on 31.01.2023. Accused No.1 has been released on bail by the co-ordinate Bench of this Court in W.P.No.32489/2024 disposed of on 20.02.2025. Accused No.2 has died during the pendency of the petition. So far as the petitioner is concerned, undisputedly, there is no seizure of any contraband article from her possession. Petitioner who is a married lady is in custody in the present case from 25.05.2022 onwards. The case before the trial Court is still at the stage of hearing before charge. 6. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE - 5 - NC: 2025:KHC:25790 CRL.P No. 3701 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." 7. It is brought to the notice of this Court that similarly situated other accused persons have been granted regular bail by this Court in Crl.P.No.10604/2022, Crl.P.No.1181/2023, WP.No.21572/2023 and connected petitions. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, considering the period of petitioner's incarceration and - 6 - NC: 2025:KHC:25790 CRL.P No. 3701 of 2025 HC-KAR also having regard to the proviso to Section 437(1) of Cr.P.C. Accordingly, the following:
Arguments
(BY SRI. UNNIKRISHNAN M., ADVOCATE) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HER ON BAIL IN NCB. F.NO- 48/1/13/2022/BZU OF NCB POLICE, FOR AN OFFENCE P/U/S 8(C) R/W 21(C), 23(C), 27(A), 28 AND 29 OF NDPS ACT, WHICH IS PENDING ON THE FILE OF HONBLE 33RD ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS ACT, AT BENGALURU IN SPL.C.C.NO.532/2023 THE XXXIII ACC AND SJ AND SPL. JUDGE (NDPS) BENGALURU. 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 No.4 in Spl.C.C.No.532/2023 pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of NCB.F.NO-48/1/13/2022/BZU registered by NCB, Bangalore Zonal Unit, Yelahanka, Bengaluru, for offences punishable under Sections 8(c) read with Section 21(c), 23(c), 27(A), 28 and 29 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.C.No.532/2023 pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of NCB.F.NO- 48/1/13/2022/BZU registered by NCB, Bangalore Zonal Unit, Yelahanka, Bengaluru, for offences punishable under Sections 8(c) read with Section 21(c), 23(c), 27(A), 28 and 29 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 - 7 - NC: 2025:KHC:25790 CRL.P No. 3701 of 2025 HC-KAR Court unless the Trial Court exempts her 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 her is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 48