Dismissed¶¶33

Sri Khusha Khila v. the State by

Regular bail – S.483 BNSS, 2023 (S.439 Cr.P.C.)

Karnataka HC7 Jan 2025CRL.P/10666/2024

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What is this about?

Karnataka HC (Bengaluru), CRL.P No. 10666/2024, Justice Mohammad Nawaz, 07.01.2025: regular bail refused to accused No.3 (aged 19, in Central Prison) in NDPS S.20(b) ganja case — 52 kgs 495 grams seized from accused No.1 along with car RJ-14-TE-8371; Crime No.236/2024, Mahalakshmipuram PS; charge sheet filed; petition dismissed with liberty to seek bail before Sessions Court under S.483 BNSS / S.439 CrPC.

What did the court decide?

No bail; petitioner left at liberty to approach the Sessions Court for bail, with a direction that any such petition be disposed of expeditiously and uninfluenced by this order's observations. ¶¶33

Sri Khusha Khila Vs the State by — Narcotics (NDPS) | Karnataka HC (2025)

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NC: 2025:KHC:212 CRL.P No. 10666 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 10666 OF 2024

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BETWEEN:

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SRI KHUSHA KHILA S/O AMBARU KHILA AGED ABOUT 19 YEARS, R/AT: MLKANGIRI, PANESHGANDHI, CHITRAKONDA DISTRICT, ODDISHA STATE - 751 020. PRESENTLY IN CENTRAL PRISON

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…PETITIONER

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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(BY SRI. SARAVANA S., ADVOCATE)

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AND:

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THE STATE BY MAHALAKSHMI LAYOUT POLICE STATION, BENGALURU, REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT.ASMA KOUSER .,ADDL SPP)

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2 - NC: 2025:KHC:212 CRL.P No. 10666 of 2024

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THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS BAIL PETITION, ENLARGING THE PETITIONER/ACCUSED ON REGULAR BAIL IN CR.NO.236/2024 REGISTERED BY THE RESPONDENT, FOR THE OFFENCES P/U/S 20(B) ON NDPS ACT, PENDING ON THE FILE OF XXXII ACJM BENGALURU.

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

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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This petition is filed under Section 483 of BNSS, 2023 praying to enlarge the petitioner on bail.

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Crime No.236/2024 of Mahalakshmipuram Police Station came to be registered on a complaint lodged by PSI of the said Police Station for an offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

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Initially accused No.1 was arrested on 17.07.2024 and alleged ganja weighing 52 kgs 495 grams and a white colour Swift Dezire car bearing registration

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3 - NC: 2025:KHC:212 CRL.P No. 10666 of 2024

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No.RJ-14-TE-8371 was seized under Mahazar in the presence of panchas. Interrogation of the said accused revealed that even the present petitioner, arraigned as accused No.3 was involved in peddling of the contraband. Petitioner came to be arrested on 22.07.2024 and he was remanded to judicial custody.

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The contention raised by the learned counsel for the petitioner is that there is no recovery from the petitioner and only on the basis of the confessional statement of accused No.1, he has been falsely implicated in this case.

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Learned High Court Government Pleader has contended that now the charge sheet is filed and petitioner being a resident of State of Odissa, may abscond if he is enlarged on bail.

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The petitioner had approached the Sessions Court prior to filing of charge sheet. In view of completion of investigation and filing of charge sheet, petitioner can be given an opportunity to approach the Sessions Court for bail. If any such petition is filed, learned Sessions

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NC: 2025:KHC:212 CRL.P No. 10666 of 2024

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Judge shall dispose of the same as expeditiously as possible, in accordance with law, without being influenced by any of the observations made herein. Petition is

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dismissed .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC List No.: 1 Sl No.: 35

Sri Khusha Khila v. the State by

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Sri Khusha Khila v. the State by

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