Allowed

Ahmmed Hassan @ Hadam v. State by Yeshwanthpura Police

Karnataka HC12 Mar 2021CRL.P/1042/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a second bail petition for a Sudanese national accused of drug trafficking. The FSL report reclassified the seized substance from commercial MDMA to intermediary quantity Methamphetamine. The court granted bail with strict conditions including a high bond, passport surrender, and weekly reporting.

What did the court decide?

Petitioner allowed bail on a bond of Rs. 3,00,000 with two sureties, subject to conditions including passport surrender, address submission, and weekly attendance.

Ahmmed Hassan @ Hadam Vs State by Yeshwanthpura Police — Narcotics (NDPS) | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF MARCH, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL PETITION NO.1042/2021

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BETWEEN:

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AHMMED HASSAN @ HADAM, S/O HASSAN, AGED ABOUT 31 YEARS, R/AT # 306, 4^TH CROSS KALYANA NAGAR, KAMMANAHALLI, BENGALURU-560086.

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PETITIONER

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(BY SRI DEVARAJA P., ADVOCATE)

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AND:

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STATE BY YESHWANTHPURA POLICE, REP.BY PUBLIC PROSECUTOR, HIGH COURT, BENGALURU-560001.

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RESPONDENT (BY SMT.NAMEETA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.34/2020 REGISTERED BY YESHWANTHAPURA POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 22(b), 22(c) OF N.D.P.S. ACT.

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(BY SMT.NAMEETA, HCGP)

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THIS CRIMINAL PETITION PERTAINING TO PRINCIPAL BENCH, BENGALURU, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING AT DHARWAD, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed under Section 439 Cr.P.C. for the second time seeking bail, his earlier application for bail was rejected by this court on 11.12.2020.

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Heard the learned counsel for the petitioner and the learned High Court Government Pleader.

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The prosecution case is that on 14.02.2020, the Sub-Inspector of Police, Yashwanthapura Police Station, Bengaluru seized 13 grams of MDMA tablets and cash of `5,000/- from the petitioner under a mahazar. On the earlier occasion, on the ground that the seized substance was MDMA tablets of commercial quantity bail was rejected. Now according to the submissions made by the Government Pleader, FSL report has been obtained and according to it, substance is Methamphetamine. So far as this substance is concerned, 13 grams is intermediary quantity. Therefore, it is clear that it is not MDMA. Investigation is also completed. Therefore, there is no impediment for granting bail, but the petitioner is a citizen of Sudan and taking this fact under consideration,

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stringent conditions must be imposed. Hence, the following:

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ORDER

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(a) Petition is allowed.

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(b) Petitioner shall be released on bail on obtaining from him a bond for `3,00,000/(Rupees three lakh only) and two sureties for the likesum to the satisfaction of the trial court.

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The petitioner is also subjected to the following conditions:

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(i) He shall surrender his passport and VISA to the investigating officer.

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(ii) He shall submit his residential address to the investigating officer. If there is any change in his address, the same shall be updated to the investigating officer from time to time.

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(iii) He shall not leave the jurisdiction of trial court till trial is over.

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(iv) He shall not threaten the witnesses and destroy or tamper with the evidence in whatsoever manner.

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(v) He shall not tamper with the evidence and threaten the witnesses.

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(vi) He shall not get involved in any criminal case in future, registration of FIR in future will be seriously viewed for cancellation of bail.

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(vii) He shall regularly appear before the trial court till conclusion of trial.

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(viii) He shall mark his attendance once in a week, on every Sunday between 9.00 a.m. and 1.00 p.m. till trial is over.

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Violation of any of the above conditions will result in cancellation of bail.

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Sd/JUDGE

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CLK

Ahmmed Hassan @ Hadam v. State by Yeshwanthpura Police

Case brief

What is this about?

What did the court decide?

Ahmmed Hassan @ Hadam v. State by Yeshwanthpura Police

Case brief

What is this about?

What did the court decide?

What the court decided

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