Naveen Vs State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.337/2022 OF KONANAKUNTE RAILWAY P.S., NOW IN SPL.C.NO.170/2023 PENDING BEFORE XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, SPL. JUDGE (NDPS) AT BENGALURU CITY (CCH-35) FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(B)(II)(C) OF NDPS ACT, 1985.

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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NC: 2025:KHC:9094 CRL.P No. 11777 of 2024

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ORAL ORDER

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Accused No.2 in Spl.C.No.170 of 2023 pending before

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XXXIV Additional City Civil and Sessions Judge, Spl Judge (NDPS) at Bengaluru City (CCH-35), arising out of Crime No.337 of 2022 registered by Konanakunte Railway Police Station, Bengaluru for the offences punishable under Section 20(b) (ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), is before this Court under Section 439 of Cr.P.C. seeking regular bail.

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Heard the learned counsel for the parties.

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It is the case of prosecution that, on 07.11.2022 at about 8.15 p.m., CW1 - N R Suhas, Police Sub Inspector of Konanakunte Police Station, on receiving credible information that two persons are trying to sell ganja at Nice road junction from Pillaganahalli Weavers colony towards Bannerghatta road, after complying the requirement as required under Section 42 of NDPS Act, reached the spot along with the staffs and apprehended the persons who were carrying bags. On enquiry, they informed their names as Jagan and Naveen. From their custody, 105 kgs of contraband i.e., ganja which were carried

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by them was seized under seizure panchanama. Thereafter, the apprehended accused and the seized contraband articles were brought to the Police Station and FIR in Crime No.337 of 2022 was registered against Jagan and the petitioner herein. The investigation of the case is completed and the charge sheet has been filed against two persons. The bail application filed by the petitioner before the Trial Court in Crl.Misc.No.10012 of 2023 came to be dismissed on 17.11.2023. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that the petitioner is in custody for the last 2 yearss and 3 months. He is not having any criminal antecedents. The case before the Trial Court is still at the stage of framing charges. Accordingly, prays to allow the petition.

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Per contra, learned High Court Government Pleader who

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has opposed the petition, however, does not the dispute the submission made by the learned counsel for the petitioner. He submits that since the contraband articles seized is of commercial quantity, bail petition is liable to be rejected in view of Section 37(1)(b) of NDPS Act. He also submits that this

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Court has rejected the bail application of accused No.1 in Criminal Petition No.5856 of 2023. Accordingly, prays for dismissal of the petition.

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The material on record would go to show that on the basis of credible information received, the first informant along with his staffs have apprehended the accused persons and the bag which was carried by them containing the contraband articles i.e., ganja totally weighing 105 kgs was seized. The petitioner herein was arrested on 07.11.2022 and subsequently remanded to judicial custody. Undisputedly, the petitioner is not having any other criminal antecedents. He is in custody for the last 2 years 3 months. The case before the Trial Court is still at the stage of framing charges. The prosecution in all has cited 10 charge sheet witnesses in the present case. This Court has rejected the bail application of accused No.1 in Criminal Petition No.5856 of 2023 taking into consideration that he was a person having criminal antecedents and was involved in as many as 5 criminal cases registered against him under the provisions of NDPS Act. Accused No.1 was released on bail in another NDPS case on 29.10.2022 and within a span of 10 days from the date of his release, he was apprehended in the

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present case. Under these circumstances, his bail application was rejected by this Court in Criminal Petition No.5856 of 2023 on 23.08.2023.

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So far as the present petitioner is concerned, undisputedly, he is not having any criminal antecedents and he is in custody for the last 2 years 3 months. The case before the Trial Court is still at the stage of framing charges. In the case

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

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State of West Bengal reported in 2022 SCC OnLine SC 2068 in a case where charge sheet was filed for the 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.

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NC: 2025:KHC:9094 CRL.P No. 11777 of 2024

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In view of the aforesaid decisions, considering the period of incarceration of the petitioner, I am of the opinion that his bail application has to be allowed without expressing any opinion on the merits of the case. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.337 of 2022 registered by Konanakunte Railway Police Station, Bengaluru pending in Spl.C.No.170 of 2023 pending before XXXIV Additional City Civil and Sessions Judge, Spl Judge (NDPS) at Bengaluru City (CCH-35), registered for the offences punishable under Section 20(b) (ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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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;

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

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

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Sd/(S VISHWAJITH SHETTY) JUDGE

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*bgn/CT:VS List No.: 1 Sl No.: 46

Naveen v. State of Karnataka

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Naveen v. State of Karnataka

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