Allowed

Abdul Salam v. State by Rt Nagar Ps

Karnataka HC4 May 2023CRL.P/1543/2023

Case brief

AI extract

What is this about?

In a criminal petition for bail under Section 439 Cr.P.C., the High Court allowed the petitioner's bail in a drug trafficking case. The court released the petitioner on a self-bond with surety, imposing conditions to prevent tampering and ensure cooperation with the investigation.

What did the court decide?

Petitioner released on bail on self-bond of Rs.50,000 with one surety for like sum., subject to conditions.

Abdul Salam Vs State by Rt Nagar Ps — Narcotics (NDPS) | Karnataka HC (2023)

¶1

¶2

CRL.P No. 1543 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 4^TH DAY OF MAY, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 1543 OF 2023

¶7

BETWEEN:

¶8

ABDUL SALAM, S/O MOSA, AGED ABOUT 32 YEARS, R/AT NO. 23, 4TH CROSS, DEVASANDRA ROAD, AYYAPPA NAGAR, K R PURAM, BANGALORE - 560 067. PERMANENT RESIDENT OF: TARUBAN 7/2, PORUNUR TALUK, WAINADU DISTRICT, KERALA STATE - 673 575.

¶9

Digitally signed …PETITIONER by RAMYA D Location: High (BY SMT. RAKSHA KEERTHANA, ADVOCATE FOR Court of SRI. MUZAFFAR AHMED, ADVOCATE) Karnataka

¶10

AND:

¶11

STATE BY RT NAGAR PS, BANGALORE CITY, REPRESENTED PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 01.

¶12

…RESPONDENT

¶13

(BY SRI. R D RENUKARADHYA, HCGP)

¶14

2 - CRL.P No. 1543 of 2023

¶15

THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.390/2022 OF R.T.NAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S.20(b)(ii)A,22(c) OF NDPS ACT PENDING ON THE FILE OF THE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES, (CCH-33) AT BENGALURU IN CR.NO.390/2022.

¶16

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶17

ORDER

¶18

Learned counsel for the petitioner is absent.

¶19

Heard on bail application.

¶20

On the basis of the complaint filed by one Sri.Vinod R. Naik, R.T.Nagar Police Station have registered a case in Crime No.390/2022 against accused for commission of the offences punishable under Sections 20(b)(ii)(A) and 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985.

¶21

The brief facts of the prosecution that on 16.12.2022 between 5.00 p.m., when the complainant was in the police station has received credible information from informer that one unknown person was selling drugs to public at Ganganagar Flower Market, Bengaluru. After receipt of the information he has informed to his superior

¶22

¶23

CRL.P No. 1543 of 2023

¶24

and obtained permission to conduct raid. He along with his staffs and panchas went to the spot at 5.45 p.m., mounted surveillance in the spot. One person was moving there holding a bag suspiciously. He has apprehended him and on enquiry he has revealed his name and address. He is native of Kerala. During the personal search, seized 15

¶25

grams of MDMA, and 150 grams of Ganja from him and the Two wheeler. After arresting he was brought to the police station, produced before the Court and remanded to JC. A detail report is prepared by the complainant PSI which is the basis to register the case against the accused in Crime No.390/2022 for the offences punishable under Sections 20(b)(ii)(A) and 22(c) of N.D.P.S. Act. Detailed panchanama is also drawn after the seizure.

¶26

The accused has committed alleged offences.

¶27

The accused is in judicial custody for more than 5 months. The accused is not required for further investigation. Considering the quantity of Ganja, age and occupation of the petitioners, it is just and proper to release the

¶28

¶29

CRL.P No. 1543 of 2023

¶30

petitioner on in bail application with conditions. Hence, I

¶31

proceed to pass the following:

¶32

ORDER

¶33

(i) The Criminal Petition filed under Section 439 of Cr.P.C. is allowed ;

¶34

(ii) The petitioner shall be released on bail in the event of his arrest in Crime No.390/2022 of R.T.Nagar Police Station on executing a self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like sum to the satisfaction of the concerned Court;

¶35

(iii) The petitioner shall not tamper or threaten the prosecution witnesses in any manner;

¶36

(iv) The petitioner shall co-operate the Investigation Officer in the matter of investigation;

¶37

(v) The petitioner shall not leave the jurisdiction of Court without prior permission from the concerned Court.

¶38

(vi) The petitioner shall not commit similar offences;

¶39

CPN

¶40

List No.: 1 Sl No.: 130

¶41

Sd/JUDGE

Abdul Salam v. State by Rt Nagar Ps

Case brief

What is this about?

What did the court decide?

Abdul Salam v. State by Rt Nagar Ps

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Siddesha @ Babu Vs the State of Karnataka

Jayalakshmi Vs the State of Karnataka

Sri Akash S L Vs State of Karnataka

Rachappa @ Raju Vs State by Karnataka

Mr.Yateesh Kumar @ Yathee Vs State of Karnataka by

Sri. Mohammed Shaheera Vs State of Karnataka