Criminal Petition No. 7554 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19081 CRL.P No. 7554 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7554 OF 2025 BETWEEN: SRI SATHYA PRADHAN S/O SRI DAYANIDHI PRADHAN AGED ABOUT 51 YEARS, R/AT NO.6, NEAR BLUE LINE BAKERY AND WATER PLANT, K.R. PURAM CHANNANAYAKANAHALLI ROAD AVALAHALLI, OLD MADRAS ROAD BENGALURU - 560 026. (BY SRI GIREESHA R.J, ADV.) AND: …PETITIONER
Facts
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA STATE BY INDIRANAGARA POLICE STATION BENGALURU CITY - 560 038 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT
Legal Reasoning
therefore, he had approached this Court in Crl.P.No.8259/2022 and Crl.P.No.4154/2023 which were rejected on 16.09.2022 & 28.06.2023, respectively. Subsequently, trial in the case had commenced and PW-1 was examined before the court on 13.09.2023. Out 14 charge-sheet witnesses in the present case, till date only three witnesses have been examined by the prosecution as PWs-1 to 3. 6. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS STATE OF MAHARASHTRA & ANOTHER - 2024 SCC OnLine SC 1693, has observed as under: - 4 - NC: 2025:KHC:19081 CRL.P No. 7554 of 2025 HC-KAR "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. In the case of CHITTA BISWAS ALIAS SUBHAS VS STATE OF WEST BENGAL - 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 - 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 - 5 - NC: 2025:KHC:19081 CRL.P No. 7554 of 2025 HC-KAR is still in the preliminary stage, as only one witness was examined. 8. It is submitted by the learned Counsel for the petitioner that in the other criminal case registered against him for the offence under the NDPS Act, the petitioner has been granted regular bail and the seized contraband article allegedly ganja is of intermediate quantity in the said case. Be that as it may, in so far as the present case is concerned, petitioner is in custody for more than three years and out of 14 charge-sheet witnesses, only three witnesses have been examined by the prosecution till date. Therefore, it is apparent that the chances of trial being completed in the near future is very remote. Under the circumstances, without expressing any opinion on the merits and demerits of the case, I am of the view that petitioner's prayer for grant of regular bail is required to be considered affirmatively. Accordingly, the following order: 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No.1103/2022 pending before the Court of XXXIII Addl. City Civil & Sessions Judge and Special Judge, Bengaluru, arising out of Crime No.270/2021 registered - 6 - NC: 2025:KHC:19081 CRL.P No. 7554 of 2025 HC-KAR by Indiranagar Police Station, Bengaluru City, for the offence punishable under Section 20(C) of the NDPS Act, 1985, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties, out of which one shall be local surety, 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 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
Arguments
(BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THEM ON BAIL IN SPL.CC.NO.1103/2022 (CRIME NO.270/2021) FOR THE ALLEGED OFFENCES U/S. 20(C) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985, REGISTERED BY THE INDIRANAGAR POLICE STATION, BENGALURU, NOW CASE PENDING ON THE FILE OF XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS ACT (CCH-33), BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC:19081 CRL.P No. 7554 of 2025 HC-KAR CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in Spl.C.C.No.1103/2022 pending before the Court of XXXIII Addl. City Civil & Sessions Judge and Special Judge, Bengaluru, arising out of Crime No.270/2021 registered by Indiranagar Police Station, Bengaluru City, for the offence punishable under Section 20(C) of the NDPS Act, 1985, is before this Court in this successive petition filed under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner submits that the petitioner had earlier approached this Court in Crl.P.No.8259/2022 and Crl.P.No.4154/2023 which were rejected on 16.09.2022 & 28.06.2023, respectively. Thereafter, there is absolutely no much progress in the trial of the case. Petitioner is in custody for the last more than three years. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. She submits that the petitioner is a person with criminal - 3 - NC: 2025:KHC:19081 CRL.P No. 7554 of 2025 HC-KAR antecedents and there is another case registered against him for the offences punishable under the provisions of NDPS Act. Accordingly, she prays to dismiss the petition. 5. The material on record would go to show that based on the credible information received on 30.12.2021, the petitioner herein and another were apprehended and from their possession contraband article allegedly ganja totally weighing 32 Kgs. 284 Gms. was seized. Investigation of the case is completed and charge sheet has been filed. Bail application filed by the petitioner before the Trial Court was rejected, and
Decision
is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK