Mohammed Yakub Vs State of Karnataka

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF BNSS., IN CONNECTION WITH CRIME NO.99/ 2024 (SPL. CASE NO 14 OF 2025) REGISTERED BY CEN CRIME POLICE STATION CHIKMAGALUR ON THE FILE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKMAGALUR, FOR THE OFFENCES PUNISHABLE UNDER SECTION 8(c), 22(b), 21(a), 29 OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985.

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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 S VISHWAJITH SHETTY

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NC: 2025:KHC:15010 CRL.P No. 3903 of 2025

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ORAL ORDER

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Accused in Spl.C.No.14/2025 pending before the Court of Principal District & Sessions Judge, Chikkamagalur, arising out of Crime No.99/2024 registered by Chikkamagalur CEN Crime Police Station, Chikkamagaluru District for the offences punishable under Sections 8(c), 21A, 22(b) & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court under Section 483 of BNSS, 2023 seeking regular bail.

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Heard the learned counsel appearing for the

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parties.

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FIR in Crime No.99/2024 was registered by Chikkamagalur CEN Crime Police Station, Chikkamagaluru District against one Nawaz and two others for the offences punishable under Sections 8(c), 22(C), 21A & 29 of the NDPS Act, on the basis of first information dated 10.10.2024 received from Sri Raghunath S.V, Police officer, attached to CEN Crime Police Station. During the

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3 - NC: 2025:KHC:15010 CRL.P No. 3903 of 2025

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course of investigation, the petitioner who was arraigned as accused No.3 in the charge sheet was produced before the jurisdictional Court and remanded to judicial custody on 10.10.2024. Investigation in the case is complete and charge sheet has been filed.

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The bail application filed by the petitioner before the jurisdictional Sessions Court in Spl.C.No.14/2025 was dismissed on 25.02.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that accused Nos.1 and 2 have been granted regular bail by this Court in Crl.P.No.3132/2025. The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner.

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This Court in Crl.P.No.3132/2025 has granted regular bail to accused Nos.1 and 2 after taking into

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4 - NC: 2025:KHC:15010 CRL.P No. 3903 of 2025

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consideration that seized contraband article in the present case is of intermediate quantity. Undisputedly, the petitioner has no other criminal antecedents. Investigation in the case is completed and charge sheet has been filed.

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Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively on the ground of parity.

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Accordingly, the following:

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ORDER

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The petitioner is directed to be enlarged on bail in Spl.C.No.14/2025 pending before the Court of Principal District & Sessions Judge, Chikkamagalur, arising out of Crime No.99/2024 registered by Chikkamagalur CEN Crime Police Station, Chikkamagaluru District for the offences punishable under Sections 8(c), 21A, 22(b) & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions:

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NC: 2025:KHC:15010 CRL.P No. 3903 of 2025

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a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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 /-

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(S VISHWAJITH SHETTY) JUDGE

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NMS

Mohammed Yakub v. State of Karnataka

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Mohammed Yakub v. State of Karnataka

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