Sri Ismail Sharief Vs Union of India

SRI ISMAIL SHARIEF S/O *K. SHARIEF AGED ABOUT 42 YEARS R/AT H.NO.597, NEAR MANDAL PANCHAYAT HUDUGOOR, D PALYA HOBLI GOURBIDANUR TALUK, CHIKKABALALPURA DISTRICT PIN - 561 206.

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…PETITIONER

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(BY SRI SUYOG HERELE E, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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UNION OF INDIA NARCOTICS AND CONTROL BUREAU BANGALORE ZONAL UNIT, THOROUGH INTELLIGENCE OFFICER, REP. BY ITS SPL. PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. SHRIDEVI BHOSALE M, ADV.)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN SPL.C.NO.1703/2021 ARISING OUT OF NCB.F.NO.48/1/5/2021BZU PENDING ON THE FILE OF LRD. XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BENGALURU CITY. CCH-33 FOR THE OFFENCES P/U/S 8(c), 22 R/W 20(b)(ii)(c), 23, 27(A),

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*Corrected vide Court Order Dt:16.04.2025.

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NC: 2025:KHC:12707 CRL.P No. 693 of 2025

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28 AND 29 OF NARCOTIC DRUG 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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ORAL ORDER

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Accused No.3 in Special CC No.1703/2021 pending before the Court of XXXIII Addl. City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of NCB.F.No.48/1/05/2021/BZU registered by Narcotics Control Bureau, Bengaluru Zonal Unit, Bengaluru, for the offences punishable under Sections 8(c), 22 read with Section 20(b)(ii)(c), 23, 27(A), 28 and 29 of the NDPS Act, 1985, 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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Learned counsel for the petitioner submits that petitioner

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has been in custody in the present case ever since 19.07.2021. Till date, only three charge sheet witnesses have been examined as PW1 to PW3. There is no progress in the trial. Considering the same, the Co-ordinate Bench of this Court has

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NC: 2025:KHC:12707 CRL.P No. 693 of 2025

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granted regular bail to accused No.1 in Crl.P.No.8951/2024 and accused No.2 in Crl.P.No.5782/2024 and accused No.4 has been granted regular bail by the Trial Court. He, accordingly, prays to allow the petition.

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Per contra, learned counsel for the respondent, who has filed statement of objections has opposed the petition. She submits that petitioner is a person with criminal antecedents and therefore, his prayer for bail needs to be rejected.

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It is not in dispute that petitioner is in custody from 19.07.2021. The Co-ordinate Bench of this Court has granted regular bail to accused No.1 in Crl.P.No.8951/2024 and accused No.2 in Crl.P.No.5782/2024. In the said petitions, it is observed by the Co-ordinate Bench that there is no progress in the trial from 06.10.2023 onwards and no witness has been examined before the Trial Court from 06.10.2023 onwards.

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In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at

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paragraph No.19, the Hon'ble Supreme Court has observed as follows:

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4 - NC: 2025:KHC:12707 CRL.P No. 693 of 2025

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" 19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime".

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The Co-ordinate Bench of this Court while granting regular bail to accused No.1 has also observed that merits of the case cannot be considered since the petition is filed on the ground of parity and also considering period of incarceration of the accused. Accused Nos.1 and 2 have been granted regular bail by the Co-ordinate Bench of this Court considering the period of incarceration and also for the reason that there is no progress in the trial after 06.10.2023.The said reasoning squarely applies to the case of the petitioner and therefore, even the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:

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NC: 2025:KHC:12707 CRL.P No. 693 of 2025

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The petition is allowed. The petitioner is directed to be enlarged on bail in Special CC No.1703/2021 pending before the Court of XXXIII Addl. City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of NCB.F.No.48/1/05/2021/BZU registered by Narcotics Control Bureau, Bengaluru Zonal Unit, Bengaluru, for the offences punishable under Sections 8(c), 22 read with Section 20(b)(ii)(c), 23, 27(A), 28 and 29 of the NDPS Act, 1985, subject to the following conditions:

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(i) He shall execute a personal bond in 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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(ii) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address.

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(iii) He shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge.

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(iv) He shall not tamper with the prosecution witnesses either directly or indirectly.

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