Petitioner, accused of NDPS offences, sought bail after being absented from trial. High Court rejected bail application, finding petitioner violated bail conditions, faced no trial for years without valid cause, and posed flight risk as a Congo resident.
The Criminal Petition for bail is dismissed.
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NC: 2026:KHC:136 CRL.P No. 12787 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12787 OF 2025 [(439(Cr.PC) / 483(BNSS)]
BETWEEN:
JEAN PAUL S/O KNONGOLO, AGED ABOUT 38 YEARS, R/A NO.151, S.M.RESIDENCY, P AND T LAYOUT, 7TH CROSS, RACENAHALLI, KARANTANAGAR POST, BENGALURU - 560 045
NATIVE OF KECANGA VILLAGE, LUVIMBA AREA, KENSHA CITY CONGO COUNTRY.
…PETITIONER
(BY SRI. BALAKRISHNA M.R., ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
THE STATE OF KARNATAKA BY KUMARASWAMY LAYOUT POLICE STATION BANGALORE CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.
…RESPONDENT
(BY SRI. MOHD. AYUB ALI, ADDITIONAL SPP)
THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND RELEASE HIM ON BAIL PENDING TRIAL IN SPL.C.NO.1675/2021 (CRIME NO.6/2021) PENDING ON THE
NC: 2026:KHC:136 CRL.P No. 12787 of 2025
HC-KAR
FILE OF XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BENGALURU REGISTERED BY THE RESPONDENT KUMARASWAMY LAYOUT POLICE, BENGALURU CITY FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 22(c) AND 27(A) OF NDPS ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023, praying to grant bail in Spl.C.No.1675/2021 (Crime No.6/2021 of Kumaraswamy Layout Police Station) pending on the file of XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Benglauru, registered for offences punishable under Sections 22(c) and 27(A) of Narcotic Drugs and Psychotropic Substances Act.
learned Additional State Public Prosecutor for respondent - State.
HC-KAR
that, the petitioner has been granted statutory bail by order dated 24.09.2021 and he has been released on bail on 01.12.2021. Thereafter the petitioner remained absent. There was communication gap between the petitioner and his counsel and therefore he could not appear before the trial Court. With these, he prayed to allow the petition,.
NC: 2026:KHC:136 CRL.P No. 12787 of 2025
HC-KAR
for parties, the Court has perused the materials placed on record.
NC: 2026:KHC:136 CRL.P No. 12787 of 2025
HC-KAR
been arrested in airport by Immigration Officer. The petitioner is a resident of Congo/Africa. If the petitioner is again granted bail, there are chances of him flee from country and not available for trial. The petitioner has violated the conditions imposed earlier while granting statutory bail. There are no reasons furnished for absence of the petitioner from 11.02.2022 to 30.06.2025. The reason furnished that there is a communication gap between the petitioner and his counsel is not acceptable.
petitioner has not made out any grounds for grant of bail. In the result, the Criminal petition is dismissed .
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
KLV
List No.: 1 Sl No.: 36
3 issues framed by the court
Whether bail should be granted despite violation of earlier conditions and absence from trial for an extended period.
Whether the petitioner provided sufficient reasons for remaining absent from the trial court proceedings.
Whether the petitioner poses a flight risk given his foreign residence and prior bail violation.
2 provisions across 2 enactments
JEAN PAUL S/O KNONGOLO
THE STATE OF KARNATAKA
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
