Mustafa Vs the State of Karnataka

MUSTAFA S/O LATE HANIFF AGED ABOUT 29 YEARS R/O MELINA KUNTIYANA HOUSE SAMEDA KALAPU POST PUDUVETTU VILLAGE BELTHANGADI TALUK DAKSHIN KANNADA DISTRICT – 575 002

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Digitally signed by PAVITHRA N Location: High Court of Karnataka

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(BY SRI. GIRISH B BALADARE., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY CHIKKAMANAGALURU CEN CRIME POLICE STATION CHIKKAMAGALURU DIST – 577 101 REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001

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…PETITIONER

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…RESPONDENT

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NC: 2026:KHC:19562 CRL.P No. 4007 of 2026

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HC-KAR

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(BY SMT. PUSHPALATHA B., ADDL. SPP)

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THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN CRIME.NO.47/2020 THE CASE IS REGISTERED BY CHIKKAMAGALURU CEN CRIME POLICE STATION, CHIKKAMAGALURU DIST, FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(B) AND 29 OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985, PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE AT CHIKKAMAGALURU IN SPECIAL CASE NO.91/2021.

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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 RACHAIAH

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ORAL ORDER

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The petitioner/accused No.1 is before this Court seeking grant of regular bail in Spl.C.No.91/2021, arising out of Crime No.47/2020, pending on the file of Prl. District and Sessions Judge and Special Judge for the offences under Sections 20(b)(ii)(B) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short,

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‘NDPS’).

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NC: 2026:KHC:19562 CRL.P No. 4007 of 2026

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HC-KAR

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Heard Sri. Girish B Baladare, learned counsel for the petitioner and Smt. Pushpalatha B, learned Addl.SPP for respondent-State.

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It is the submission of learned counsel for the petitioner that the petitioner has been granted bail by the Co-ordinate Bench of this Court. After obtaining bail, approached the Trial court completed the formalities. The petitioner due to his ill-health had filed an exemption application under Section 317 of Cr.P.C. The application was dismissed and the matter was posted on 29.12.2025. On 16.02.2026, the petitioner appeared before the Court and filed the bail application. However, the trial Court forfeited the surety bond and remanded the petitioner to judicial custody.

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It is further submitted that the non-appearance of the petitioner on two occasions was bona fide and not intentional. Therefore, the petition may be allowed and he may be enlarged on bail. Making such submissions, the learned counsel petitioner prays to allow the petition.

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NC: 2026:KHC:19562 CRL.P No. 4007 of 2026

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HC-KAR

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The learned Additional State Public Prosecutor for respondent – State vehemently submitted that the alleged offences are heinous in nature. The petitioner had deliberately and intentionally remained absent for two days and NBW was issued. Based on the said warrant, the petitioner appeared before the trial Court. The trial Court has rightly rejected the bail and remanded him to judicial custody. The petitioner had violated conditions imposed by the trial Court is deserved to be in judicial custody till disposal of the case. Making such submission learned Additional State Public Prosecutor for respondent prays to reject the petition.

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Having heard learned counsel for the respective parties and on perusal of the averments of the order passed by the trial Court, it appears that, the petitioner remained absent for two days. Later, he has appeared before the Trial Court voluntarily and filed an application to recall the NBW. Considering the voluntariness of the petitioner it is appropriate to grant him one more opportunity to appear

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5 - NC: 2026:KHC:19562 CRL.P No. 4007 of 2026

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HC-KAR

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before the Trial Court by granting bail. Hence, I proceed to

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pass the following:

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ORDER

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(i) The petition is allowed.

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(ii) The petitioner is ordered to be enlarged on bail in Spl.C.No.91/2021, arising out of Crime No.47/2020, pending on the file of Prl. District and Sessions Judge and Special Judge for the aforesaid offences on executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with one surety for the likesum to the satisfaction of the Trial Court.

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