Dismissed

Ankit v. State of Karnataka by

Karnataka HC13 Oct 2023CRL.P/9781/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka, in this criminal petition for relaxation of bail conditions, rejected the petitioner's request. Relying on the earlier dismissal of another bail petition filed by the petitioner, the court found no good reason to modify the conditions imposed in the pending NDPS case.

What did the court decide?

Petition dismissed with liberty to approach the court afresh after the petitioner is enlarged on bail in Crime No.263/2018.

Ankit Vs State of Karnataka by — Narcotics (NDPS) | Karnataka HC (2023)

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NC: 2023:KHC:37503 CRL.P No. 9781 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 9781 OF 2023

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BETWEEN:

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ANKIT S/O SATHYADAS MV AGED ABOUT 27 YEARS RESIDING AT KUTTYALI HOUSE BANGRAMANJESHWARA, MANJESHWAR MANJESHWARAM, KASARGOD KERALA - 671 323. …PETITIONER

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(BY SIRAJUDDIN AHMED, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY MANGALORE SOUTH POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BANGALORE - 01. …RESPONDENT

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(BY SMT. SOWMYA R, HCGP)

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THIS CRL.P FILED U/S.439 (1)(b) CR.P.C PRAYING TO RELAX THE CONDITION NO.2 i.e., THE PETITIONER SHALL APPEAR BEFORE THE TRIAL COURT WITHIN 30 DAYS FROM THE DATE OF THIS ORDER CONDITION NO.5 i.e., THE PETITIONER SHALL MARK HIS ATTENDANCE BEFORE THE SHO, MANGALORE SOUTH P.S., ON EVERY FIRST MONDAY OF EACH CALENDAR MONTH TILL FURTHER ORCERS AND CONDITION NO.6 i.e., THE PETITIONER SHALL SURRENDER THE PASSPORT TO THE I.O. IMPOSED BY PRINCIPAL DISTRICT AND SESSIONS JUDGE, MANGALORE IN CRL.MISC.NO.468/2023.

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

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NC: 2023:KHC:37503 CRL.P No. 9781 of 2023

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ORDER

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This petition is filed under Section 439(1)(b) of Cr.PC with a prayer to relax condition nos.2, 5 & 6 imposed by the Court of Prl. District & Sessions Judge, D.K., Mangaluru, in Crl. Misc. No.468/2023 disposed of on 01.08.2023 wherein anticipatory

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bail has been granted to the petitioner in Spl. Case No.102/2021 pending before the Court of Prl. District & Sessions Judge, D.K., Mangaluru, arising out of Crime No.269/2018 registered by Mangaluru South Police Station, Mangaluru City, for the offences under Sections 8(c), 21, 21C, 22B, 22C of the NDPS Act.

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Learned Counsel for the petitioner submits that since the petitioner is apprehending arrest in Crime No.263/2018 registered by Mangaluru South Police Station, Mangaluru City, for the offences punishable under Sections 143, 147, 148, 364A, 342, 323, 324, 395, 397, 386, 355, 504, 506, 149 IPC, wherein he is arrayed as accused no.4, he is not in a position to comply with the conditions imposed by the Sessions Court while granting anticipatory bail to him in Crl. Misc. No.468/2023. He, therefore, prays to allow the petition.

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NC: 2023:KHC:37503 CRL.P No. 9781 of 2023

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This Court by even date order has dismissed Crl.P.No.8533/2023 filed by the petitioner, wherein the petitioner had sought anticipatory bail in Crime No.263/2018 registered by Mangaluru South Police Station, Mangaluru City, for the offences punishable under Sections 143, 147, 148, 364A, 342, 323, 324, 395, 397, 386, 355, 504, 506, 149 IPC. Having regard to the said order passed in Crl.P.No.8533/2023, I find no good reason to relax condition nos.2, 5 & 6 imposed by the Court of Prl. District & Sessions Judge, D.K., Mangaluru, in Crl. Misc. No.468/2023 disposed of on 01.08.2023 while granting anticipatory bail to the petitioner in Crime No.269/2018 registered by Mangaluru South Police Station, Mangaluru City.

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Under the circumstances, this petition is dismissed with liberty to the petitioner to approach the court afresh, if necessary, after he is enlarged on bail in Crime No.263/2018.

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SD/JUDGE

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Ankit v. State of Karnataka by

Case brief

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Ankit v. State of Karnataka by

Case brief

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