A criminal petition under Section 439 CrPC seeking bail for offences under the NDPS Act. The court rejected the successive bail application, holding that the petitioner had no positive change in circumstances to justify the plea.
Bail petition rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2022
BEFORE
THE HON’BLE Mr. JUSTICE V. SRISHANANDA
CRIMINAL PETITION NO.4162 OF 2022
BETWEEN:
SYED KHADIR S/O SYED AHAMED AGED ABOUT 49 YEARS R/O # 249, SHETTIKERE GATE CHIKKANAYAKANAHALLI TOWN TUMKURU DIST.-572214.
...PETITIONER
(BY SRI. BIKKANNAVAR SHANKAR TAMMANNA, ADVOCATE)
AND:
STATE OF KARNATAKA BY CHANNEGOUDA R.G. CIRCLE INSPECTOR OF POLICE KYATASANDRA CIRCLE KYATASANDRA (HEBBURU P.S.) TUMKURU- 572104
.. RESPONDENT
(BY SRI H.S.SHANKAR, HIGH COURT GOVT. PLEADER)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.94/2021 OF HEBBURU P.S., TUMKURU FOR THE OFFENCE P/U/S 20(b) OF THE NDPS ACT, PENDING TRIAL IN SPL.C. NO.19/2022 ON THE FILE OF LEARNED PRL.DIST AND SESSIONS JUDGE, TUMKURU AND ETC.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard Sri. Bikkannavar Shankar Tammanna,
learned counsel for the petitioner and Sri.H.S. Shankar, learned High Court Government Pleader for respondent - State and perused the records.
“WHEREFORE, it is humbly prayed
that this Hon'ble Court may be pleased to release the petitioner (A5) by granting bail in Hebburu Police Crime No.94/2021 registered for offence u/s 20(b) of NDPS
Act, pending trial in Special C.No.19/2022 on the file of learned Principal District and Sessions Judge, Tumur, Tumkur Dist. In the interest of justice.”
3
Upon the credible information, Sri. Bhumesh, the Assistant Sub-Inspector of Hebburu Police Station lodged a report with the Hebburu Police, Tumakuru District. The brief contents of the report reveals that on 30-06-2021, when the complainant was on patrolling duty, at about 4:00 p.m., he received a credible information that near Hullenahalli Gate, the petitioner and others were involved in sale of ganja. Accordingly, he informed his superior and forming a team comprising of himself and his sub staff, all of them proceeded towards Hullenahalli Gate and at about 4:30 p.m., when they kept a watch for the suspects, they noticed three persons, holding a plastic cover and selling ganja. Immediately, raid has taken
place on them and the raiding team was able to capture all the three people and on enquiry, they revealed their names and on the basis of the information given by them, the Police searched the house of the petitioner and seized 5 Kgs. 930 grams of
4
ganja and after conducting a detailed investigation,
filed charge sheet against the petitioner and others.
earlier in Criminal Petition No.1314/2022, seeking an order of grant of bail. This Court by a considered order dated 14-03-2022 rejected the bail petition. Thereafter, the petitioner has approached this Court with this petition with a successive request for grant of bail on the ground that since the ganja seized is based on the information given by the co-accused and there was no conscious possession of ganja by the petitioner
as the same was seized from his house, and hence sought for grant of bail.
Pleader for the respondent -State, Sri.H.S. Shankar vehemently opposes the bail petition on the ground that the petitioner is a known criminal and in fact he
has been convicted for the similar offences in the earlier cases and therefore, grant of bail per se is
5
impermissible for such persons and sought for dismissal of the bail petition.
perused the materials on record meticulously.
case.
6
Accordingly, the bail petition is rejected.
Sd/JUDGE
BMV*
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in a successive bail application where the previous bail petition had been rejected.
Whether the filing of a charge sheet constitutes a positive change in circumstances to justify granting bail.
2 provisions across 2 enactments
Syed Khadir
State of Karnataka
V. Srischananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
