Allowed

Allabakash @ Chindi Bakash v. State of Karnataka by

Karnataka HC22 Oct 2024CRL.P/6940/2024

Case brief

AI extract

What is this about?

Regular bail sought under Section 439 CrPC by an accused charged under Sections 8(c), 20(b)(ii)(c) and 22(c) of the NDPS Act for alleged possession of 2 kg charas. With over 20 months' custody, no witness examined despite summons, and delayed Section 52(A) compliance, the High Court granted bail with conditions.

What did the court decide?

Petitioner enlarged on bail on personal bond of Rs.2,00,000 with two sureties, with conditions of regular appearance, non-tampering, non-involvement in similar offences and no leaving jurisdiction.

Allabakash @ Chindi Bakash Vs State of Karnataka by — Narcotics (NDPS) | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:42247 CRL.P No. 6940 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 22^ND DAY OF OCTOBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

¶6

CRIMINAL PETITION NO. 6940 OF 2024

¶7

BETWEEN:

¶8

ALLABAKASH @ CHINDI BAKASH S/O JAKAULLA AGED ABOUT 25 YEARS R/AT 7^TH CROSS, NEXT TO RAMSHED HOUSE, D J HALLI, BENGALURU - 560 045

¶9

…PETITIONER

¶10

(BY SMT. SWATHI R. BHAT, ADVOCATE FOR SMT. JAYANTHI R., ADVOCATE)

¶11

AND:

¶12

Digitally signed by REKHA R Location: High Court of Karnataka

¶13

STATE OF KARNATAKA BY D.J. HALLI POLICE STATION REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001

¶14

…RESPONDENT

¶15

(BY SRI. RAHU RAI K., HCGP)

¶16

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO RELEASE PETITIONER WHO IS ARRAYED AS ACCUSED NO.1 MAY KINDLY BE RELEASED ON BAIL IN CONNECTION WITH CR.NO.429/2022 (SPL.C.C.NO.790/2023) PENDING BEFORE THE HONBLE COURT OF XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE (NDPS) AT BENGALURU (CCH-33) PERTAINING TO THE D.J. HALLI POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(c), 20(b)(ii)(C), 22(C) OF NDPS ACT.

¶17

¶18

NC: 2024:KHC:42247 CRL.P No. 6940 of 2024

¶19

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶20

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

¶21

ORAL ORDER

¶22

Accused No.1 in Spl.C.No.790/2023 pending before

¶23

the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.429/2022 registered Devarajeevanhalli Police Station Bengaluru city, for the offences punishable under Sections 8(c), 22(c) & 20(b)(ii)(c), of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS’ Act) is before this Court under Section 439 of Cr.P.C, seeking regular bail.

¶24

Heard learned counsel for the parties.

¶25

FIR in Crime No.429/2022 was registered by

¶26

Devarajeevanahalli Police Station, Bengaluru city, for the aforesaid offence against petitioner and another on the basis of the first information dated 15.12.2022 received from Nagadev G Torke, Police Sub-inspector attached to Devarajeevanahalli Police Station, Bengaluru city.

¶27

3 - NC: 2024:KHC:42247 CRL.P No. 6940 of 2024

¶28

Petitioner was arrested in the said case on 15.12.2022, subsequently produced before the jurisdictional Court and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner and another person for the aforesaid offences.

¶29

Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.5231/2024 was rejected on 01.07.2024. Therefore, he is before this Court.

¶30

Learned counsel for the petitioner submits that petitioner is in custody from 15.12.2022, trial in the case is yet to commence. For the last seven months, the prosecution has failed to keep the witnesses present before the Court though witness summons was issued to CW-1 to CW-3. She submits that there is a delay in compliance of Section 52(A) of NDPS Act in the present case. She also submits that petitioner has no criminal antecedents of similar nature. Accordingly, she prays to allow the petition.

¶31

¶32

NC: 2024:KHC:42247 CRL.P No. 6940 of 2024

¶33

Per contra, learned HCGP who has opposed the bail petition, submits that commercial quantity of contraband article Charas has been seized in the present case and therefore, in view of the Section 37(1)(b) of NDPS Act petitioner's bail application is liable to be rejected. He submits that another criminal case was registered against petitioner in crime No.230/2015 registered by Devarajeevahalli Police Station, Bengaluru, for the offences punishable under Sections 399 & 402 of IPC. Accordingly, he prays to dismiss the petition.

¶34

Perusal of the material on record would go to show that on the basis of the credible information received on 15.12.2022 at about 17.00 hours the first informant along with staff and Panchaas had conducted a raid to the alleged spot, where the accused persons who attempting to sell the contraband article to public. They had apprehended the petitioner who was holding a bag and from the possession of the petitioner totally 2 Kgs of contraband article allegedly Charas was seized and subjected to Panchanaama. Thereafter, apprehended

¶35

5 - NC: 2024:KHC:42247 CRL.P No. 6940 of 2024

¶36

accused and the seized contraband article were brought to the Police Station and FIR in Crime No.429/2022 was registered against the petitioner and another who allegedly had managed to escape from the spot. Investigation in the case is completed and charge sheet has been filed against the petitioner and another for the aforesaid offences. Petitioner is in custody from 15.12.2022 in the present case. Undisputedly, he does not have any other criminal case registered for the offences punishable under the provision of NDPS Act 1985. Crime No.230/2015 was registered by Devarajeevahalli Police Station, Bengaluru, for the offences punishable under Sections 399 & 402 of IPC.

¶37

Material on record would go to show that the prosecution has all together cited 15 charge sheet witnesses in the present case and till date none of the charge sheet witnesses have been examined before the trial Court. Material on record would also go to show that though the trial Court has issued witness summons to CW-

¶38

6 - NC: 2024:KHC:42247 CRL.P No. 6940 of 2024

¶39

1 to CW3 in the present case in the month of March-2023 itself, till date the prosecution has failed to keep said witnesses present before the Court and matter is being adjourned at this stage for the last more than seven months. Material on record would also go to show that though the seizure of contraband article was made in the present case on 15.12.2022 itself, there is a delay of more than one month in compliance of the requirements of Section 52(A) of the NDPS Act.

¶40

In the case of Chitta Biswas Alias Subhas vs. State of West Bengal reported in 2020 SCC OnLine SC

¶41

1536, the Hon'ble Supreme Court taking into consideration that the accused was in custody for a period of one year seven months and there was no sufficient progress in trial, without expressing any opinion on merits and demerits of the case, has granted regular bail to the accused. In the case of Nitish Adhikary alias Bapan vs. State of West Bengal reported in 2022 SCC OnLine SC 2068 in a case where charge sheet was filed for the

¶42

¶43

NC: 2024:KHC:42247 CRL.P No. 6940 of 2024

¶44

offences punishable under Sections 21(c) and 37 of the NDPS Act and accused was in custody for a period of one year seven months, the Hon'ble Supreme Court has granted regular bail on the ground that trial is still in the preliminary stage, as only one witness was examined.

¶45

In the present case the petitioner is in custody for the last more than 20 months, since the prosecution has failed to examine any one of the charge sheeted witnesses till date chances of completion of the trial in near future is very remote. Considering the fact that the petitioner has no other criminal case registered against him under the provisions of NDPS Act and also having regard to the fact that he is in custody for the last more than 20 months, I am of the opinion that the rigor under Section 37(1)(b) of the NDPS Act, cannot be made strictly applicable as against the petitioner. Under the circumstance, without expressing any opinion on the merits/demerits of the case, petitioner's prayer for grant of regular bail is required to be answered affirmatively.

¶46

Accordingly, the following:

¶47

8 - NC: 2024:KHC:42247 CRL.P No. 6940 of 2024

¶48

ORDER

¶49

The criminal petition is allowed.

¶50

The petitioner is directed to be enlarged on bail in Spl.C.No.790/2023 pending before the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.429/2022 registered Devarajeevanhalli Police Station Bengaluru city, for the offences punishable under Sections 8(c), 22(c) & 20(b)(ii)(c), of the Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:

¶51

a) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

¶52

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

¶53

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

¶54

¶55

NC: 2024:KHC:42247 CRL.P No. 6940 of 2024

¶56

d) The petitioner shall not involve in similar offences in future;

¶57

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

¶58

SD/(S VISHWAJITH SHETTY)

¶59

JUDGE

¶60

ASN List No.: 1 Sl No.: 39

Allabakash @ Chindi Bakash v. State of Karnataka by

Case brief

What is this about?

What did the court decide?

Allabakash @ Chindi Bakash v. State of Karnataka by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

D.S. Veeraiah Vs State of Karnataka

S Guruswamy Vs Superintendent of Police

Sri Kempegowda M N Vs State of Karnataka

Abubakkar Siddiki Vs State of Karnataka

Thaseen Sultana Vs M/S Piramal Capital and Housing Finance Limited

Uttam Bhagwan Karat Vs State of Karnataka