Shakib @ Shabbu Vs State of Karnataka

SHAKIB @ SHABBU S/O LATE SULAIMAN/MUSLIM, AGED ABOUT 35 YEARS, R/AT D.NO.2T, 184-G-2, FATHIMA HOUSE NEAR EDGA, 2^ND BLOCK, KATIPALLA, MANGALORE CITY, D.K.-575 030.

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…PETITIONER

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(BY SRI. DHANANJAY KUMAR, ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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STATE OF KARNATAKA BY SURATHKAL PS, BY SPP HIGH COURT OF KARNATAKA, BANGALORE-560 001.

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(BY SRI. K. NAGESHWARAPPA, HCGP)

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…RESPONDENT

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THE CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING ALLOW THIS PETITION AND RELEASE THE PETITIONER ON BAIL IN SPL.CASE.NO.84/2024 REGISTERED IN CRIME NO.70/2023 REGISTERED BY THE SURATHKAL POLICE STATION, ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(c), 22(c), 25 OF NDPS ACT 1985 R/W 34 OF IPC.

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

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NC: 2025:KHC:37198 CRL.P No. 12217 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioner was granted bail by this Court in

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Crl.P No.8184/2024 by an order dated 27.08.2024 in connection with a case registered in Crime No.70/2023 of Surathkal Police Station, for the offence punishable under Section 8(c), 21(c) of NDPS Act, 1985, r/w 34 of IPC.

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The material on record reveals that on 07.10.2024, petitioner offered surety and he was released on bail. On 09.10.2024, he was absent before the trial Court. Application seeking exemption was rejected and NBW was issued against him. He was secured on 13.06.2025 and in judicial custody since then.

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Learned Sessions Judge has rejected the bail petition on the ground that petitioner has violated the condition by not appearing before the Court without any valid reasons. The reasons assigned by the learned

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3 - NC: 2025:KHC:37198 CRL.P No. 12217 of 2025

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HC-KAR

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Sessions Judge cannot be said to be erroneous. In spite of a specific condition imposed by this Court, directing the petitioner to appear regularly before the trial Court on all the dates of hearing, he remained absent and secured under NBW after a lapse of more than six months. However, keeping in view that the petitioner was granted bail by this Court and he remained absent on one date of hearing and since, now he has undertaken to appear before the trial Court regularly, relief sought in the petition

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can be granted by directing the petitioner to furnish fresh sureties.

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It is submitted by the learned counsel for petitioner that the notice has been issued to the surety holder. If any proceedings are initiated to recover the bond amount, the same shall be dealt independently. Accordingly, the following:

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4 - NC: 2025:KHC:37198 CRL.P No. 12217 of 2025

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HC-KAR

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ORDER

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i. Petition is allowed.

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ii. Petitioner/accused No.1 in Spl.C.No.84/2024

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pending before the Court of Principal District and Sessions

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Judge, D.K., Mangalore (Crime No.70/2023 of Surathkal Police Station, Mangaluru City) is ordered to be released on bail, subject to 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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