Accused No.4 in a split-up NDPS trial sought anticipatory bail claiming ignorance of proceedings. The order sheet showed he had been produced under body warrant repeatedly and knew of the case. Considering his criminal antecedents and conduct, the High Court dismissed the petition.
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NC: 2024:KHC:48767 CRL.P No. 11253 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.11253 OF 2024 (438(Cr.PC) / 482(BNSS))
BETWEEN:
MR. SHABEER AHMED S/O. AHMED PASHA, AGED ABOUT 40 YEARS, R/AT #187, 8TH CROSS, GANGODANAHALLI, TIPU SULTAN SANGARASHA SAMITHI, NAYANDAHALLI, BANGALORE – 560 039. ... PETITIONER
(BY SRI DAWOOD BAIG K., ADVOCATE)
AND:
Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA
STATE OF KARNATAKA BY SHO, TAVAREKERE P.S., BENGALURU, REPTD. BY GOVT. PLEADER, HIGH COURT BUILDING, BANGALORE – 560 001. ... RESPONDENT
(BY SRI DIWAKAR MADDUR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C. (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN SPL.C.NO.31/2017 (CRIME NO.636/2014) FOR ALLEGED OFFENCE P/U/S 20(c) OF NDPS ACT REGISTERED BY THE TAVAREKERE P.S. RAMANAGARA DISTRICT NOW PENDING ON THE FILE OF PRL. DISTRICT AND SESSION JUDGE AT RAMANAGARA.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:48767 CRL.P No. 11253 of 2024
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
jurisdictional Court and has filed necessary application seeking anticipatory bail. He submits that petitioner is ready and willing to cooperate before the trial Court. Accordingly, prays to allow the petition.
case. According to the prosecution all the four persons were found in the car bearing No.KA 03 Z 8612 in which they were transporting ganja and two of them managed to escape and two others were arrested. After completion of investigation in the said case charge sheet was filed against four persons and case was registered in Spl. Case No.16/2015. Since accused No.2 and 4 were absconding, case against them was split up and numbered in Spl. Case No.31/2017. In the said case coercive steps were taken
NC: 2024:KHC:48767 CRL.P No. 11253 of 2024
against accused Nos.2 and 4. In the meanwhile, petitioner – accused No.4 was arrested in Crime No.7/2021 registered by Ulsoor police station and he was produced before the trial Court in Spl. Case No.31/2017 under body warrant on 14.11.2022 and his judicial custody was extended.
the case was advanced and the public prosecutor had once again filed requisition of Police Inspector, Tavarekere Police Station for issuance of body warrant against accused No.4. Therefore, the trial Court had again issued body warrant against accused No.4. However, the petitioner was not produced under body warrant and on 18.04.2024 it was brought to the notice of the trial Court that petitioner has been released from judicial custody in Crime No.7/2021 and the petitioner has been released from Central Prison, Bengaluru in Crime No.7/2021 registered by Ulsoor Gate Police Station. Therefore, once again NBW was issued against the petitioner. The order sheet of the trial Court would reflect that from the year 2022 onwards the petitioner has participated in the proceedings before the trial Court and he was well aware of the pendency of the present case against him. He was produced under body warrant on number of occasions and inspite of the same, after being enlarged on bail in Crime No.7/2021 he had not made any efforts either to appear before the trial Court in Spl. Case No.31/2017 or to file
necessary bail application and on the other hand coercive steps were taken against him to secure his presence. It is only at this stage he has approached the trial Court and has filed Crl. Misc. No.688/2024 under Section 438 of Crl.P.C. which was dismissed on 27.08.2024.
Sd/(S VISHWAJITH SHETTY) JUDGE
YKL
List No.: 1 Sl. No.: 21
1 issue framed by the court
Whether anticipatory bail should be granted to accused No.4 in an NDPS case despite his non-appearance before the trial court after release from custody in another case.
3 provisions across 3 enactments
Shabeer Ahmed
State of Karnataka by SHO, Tavarekere P.S., Bengaluru
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
