Arunkumar S/O Chonikahali Mahapatra Vs the State of… — Narcotics (NDPS) | Karnataka HC (2025)

Arunkumar S/O Chonikahali Mahapatra Vs the State of… — Narcotics (NDPS) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether condition Nos. ii and vi of this Court's bail order dated 09.04.2025 in Crl.P No.101540/2025 (furnishing Rs.1,00,000/- as cash surety among two local sureties, and not leaving the jurisdiction of Dharwad District without prior permission) should be relaxed/set aside on the petitioner's plea that he is unable to muster the cash surety.

Court's answer

This Court declined to relax condition Nos. ii and vi of its order dated 09.04.2025, holding that the conditions were judiciously imposed taking note of the fact that the petitioner is a permanent resident of Orissa State; consequently the petition was meritless and was dismissed.

Ratio / Principle

Since the petitioner is in custody, the trial under the provisions of the NDPS Act shall be expedited and concluded by holding the trial day by day, in view of the principles of law enunciated by the Hon'ble Apex Court in Akil @ Javed vs. State of NCT of Delhi, (2013) 7 SCC 125; the petitioner may also seek expeditious disposal.

Detailed headnote1 paragraphs

Karnataka High Court, Dharwad Bench (V. Srishananda, J.) dismissed a criminal petition filed under S.483(1)(b) BNSS (equivalently S.439(1)(b) CrPC) by an accused residing in Odisha, arraigned for an offence under S.20(b)(ii)(B) of the NDPS Act involving intermediate quantity (Hubballi Railway Police Station Crime No.99/2024, NDPS CC No.2/2025, pending before the Principal District and Sessions Judge, Dharwad). The petitioner sought relaxation of condition Nos. ii and vi of the bail order dated 09.04.2025 in Crl.P No.101540/2025 — namely furnishing a personal bond of Rs.1,00,000/- with two local sureties of which Rs.1,00,000/- was to be cash surety, and not leaving Dharwad District without prior permission — on the ground that he could not muster the cash surety. The Court held that the conditions were judiciously imposed given the petitioner's permanent residence outside Karnataka, his inability to furnish proper surety and the likelihood of his non-availability for trial, and refused to relax them. Observing that the petitioner is in custody, the Court directed that the NDPS trial be expedited and held day by day in view of the principles in Akil @ Javed vs. State of NCT of Delhi, (2013) 7 SCC 125, found the petition meritless and dismissed it.

1 - NC: 2025:KHC-D:12706 CRL.P No. 103289 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025 BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.103289 OF 2025

BETWEEN:

ARUNKUMAR S/O CHONIKAHALI MAHAPATRA AGE: 38 YEARS, OCC. PVT. WORK R/O KHATIGUDA, TQ. TUNTILIKANDI DIST:- NABARANGPUR, STATE ODISSA PIN CODE -764059

…PETITIONER

(BY SRI. HOLEYANNAVAR VASANT GANGADHAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD BY PSI HUBBALLI, RAILWAY POLICE STATION, HUBBALLI -580020

…RESPONDENT

Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

(BY SRI PRAVEENA YELLAREDDY, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 (1)(b) OF BNSS, SEEKING TO MODIFY/RELAX/SET ASIDE THE CONDITION NO II AND VI IN CRIMINAL PETITION NO.101540/2025 DATED 9-4-2025 AND CONTINUE THE ORDER OF BAIL GRANTED EARLIER AND RELEASE THE PETITIONER/ACCUSED ON BAIL IN HUBLI RAILWAY POLICE STATION CRIME NO.99/2024 IN NDPS CC NO.2/2025 FOR THE OFFENCE UNDER SECTION 20(b)(ii)(B) OF NDPS ACT, WHICH IS PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, DHARWAD BY ALLOWING THIS APPLICATION.

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

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NC: 2025:KHC-D:12706 CRL.P No. 103289 of 2025

HC-KAR

CORAM: THE HON'BLE MR. JUSTICE V.SRISHANANDA

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Sri Holeyannavar Vasant Gangadhar, learned

counsel for the petitioner and Sri Praveen Dev Reddy, learned High Court Government Pleader for the respondent.

The present petition is filed Section 439(1)(b) of Criminal Procedure Code/483(1)(b) of Bharatiya Nagarik Suraksha Sanhita, 2023.

In the petition, the petitioner is seeking for relaxation of the condition No.ii and vi of the order of this Court dated 09.04.2025.

Having heard the arguments, this Court perused the material on record meticulously.

On such perusal of the material on record, it is crystal clear that the petitioner is from the State of Orissa and he was arrested in respect of the offence under the provisions of Narcotic Drugs and Psychotropic Substances (for short ‘NDPS’) Act.

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NC: 2025:KHC-D:12706 CRL.P No. 103289 of 2025

HC-KAR

The petitioner was found with the NDPS which is

of intermediate quantity.

Admittedly, petitioner cannot furnish the proper surety and he may not be available for the trial, taking note of the fact that he is a permanent resident of Orissa State, this Court imposed cash surety of Rs.1,00,000/- and one local surety.

It is now submitted on behalf of the petitioner that the petitioner is unable to muster the cash surety and as such, he sought for relaxation of condition No.ii and vi.

Condition No.ii and vi of the order dated

09.04.2025, passed by this Court reads as under:

“ii. Petitioner is directed to enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- [Rupees one lakh only] with two local sureties of which Rs.1,00,000/- is to be given as cash surety.

vi. Petitioner shall not leave the jurisdiction of Dharwad District without prior permission.”

4 - NC: 2025:KHC-D:12706 CRL.P No. 103289 of 2025

HC-KAR

The trial could be expedited the matter having

regard to the fact that the petitioner is in custody. Petitioner may also seek for expeditious disposal of the matter. Even otherwise, the trial under the provisions of the NDPS Act shall be expedited and it should be concluded by holding the trial day by day, in view of the principles of law enunciated by the Hon'ble Apex Court in the case of Akil @ Javed vs. State of NCT of Delhi, reported in (2013) 7 SCC 125 .

In view of the foregoing discussion this Court does not deem it fit to relax the condition Nos.ii and vi, which is imposed by this Court, judiciously, taking note of the fact that the petitioner is permanent resident of Orissa State.

Hence, the petition is meritless and needs to be

dismissed.

Accordingly, the following order is passed:

ORDER

(i) The Criminal Petition is dismissed.

Sd/(V.SRISHANANDA) JUDGE

MR