The High Court of Karnataka disposed of a criminal petition seeking anticipatory bail under Section 438 CrPC. The court dismissed the petition, noting the petitioner was named on the incident day and has been absconding for over a year, which prima facie disentitles him to bail in a narcotics case involving seized ganja.
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.
CRL.P No. 400 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 400 OF 2023
BETWEEN:
MR.MOIDU KUNHI S/O K. MAHAMMAD AGED ABOUT 43 YEARS R/AT KALLUMUTHLU HOUSE SULLIA TALUK D.K. DISTRICT 574239
…PETITIONER
(BY SRI RAJARAMA S, ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
THE STATE OF KARNATAKA EXCISE SULLIA RANGE SULLIA TALUK D.K. DISTRICT 574239 REP. BY SPP HIGH COURT BUILDING BANGALORE – 560 001.
…RESPONDENT (BY SRI VINAYAKA.V.S, HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.19/2021-22/1515IE/151515, OF EXCISE SULLIA RANGE, SULLIA, ON THE FILE OF THE V ADDL.DISTRICT AND SESSIONS JUDGE D.K., MANGALORE SITTING AT PUTTUR D.K., FOR THE OFFENCE P/U/S 20(b), 20(ii)(B), 25, 60, 8(c) OF NDPS ACT.
CRL.P No. 400 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
“WHEREFORE, the petitioners humbly pray that this Hon'ble Court may be pleased to allow this petition and direct the Respondent excise Sullia Range, Sullia to release the petitioner on bail in Crime No.19/2021-22/1515IE/151515 on the file of V Additional District and sessions Judge D.K, Mangalore, Sitting at Puttur, D.K., for the alleged offences punishable under 20(ii)(B), 25, 60, 8(c) of Narcotic Drugs and Psychotropic substances Act, in the ends of justice.”
3. Brief facts of the case are as under:
Excise Inspector by name Radha S.P., lodged the report which was registered in Cr.No.19/2021-22/1515IE/151515 for the offences punishable under Section on 03.01.2022.
CRL.P No. 400 of 2023
CRL.P No. 400 of 2023
dismissed by the learned District Judge by order dated 29.11.2022. Thereafter, petitioner is before this Court.
CRL.P No. 400 of 2023
that there is some nexus between the petitioner and the incident.
Accordingly, following order is passed:
ORDER
The criminal petition is dismissed.
Sd/-
JUDGE
MR
List No.: 1 Sl No.: 19
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner falsely implicated in the drug possession case.
2 provisions across 2 enactments
Mr. Moиду Kunhi
The State of Karnataka
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
