- 1 - NC: 2025:KHC:2334 CRL.P No. 221 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 221 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: PRAPUL RAJ S/O HARISH, AGED ABOUT 26 YEARS, R/AT NEAR MODAM BAIL SCHOOL, MAJIBAIL POST MINJ, VILLAGE, KASARAGOD, KERALA-671323 …PETITIONER (BY SRI. PRIYANKA K., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, BANGALORE, FOR ULLAL POLICE STATION, MANGALURU-575020 2. RAJENDRA B, AGED ABOUT 42 YEARS, POLICE REPRESENTED BY CCB SUB INSPECTOR, MANGALORE CITY-575001 …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 25.11.2024 PASSED BY HON’BLE THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALURU IN CRIME NO. 20/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 8C, 20(b)(ii)(B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 (ANNEXURE-C). Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2334 CRL.P No. 221 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by accused No.2 in Spl.C.No.57/2023 is directed against the impugned order dated 25.11.2024, whereby the exemption application filed by the petitioner/accused No.2 was rejected by the trial Court, which directed issuance of NBW as against petitioner No.2 by canceling his bail bond. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that due to bonafide reasons, unavoidable circumstances and on account of ill health of the petitioner, he was not present on 25.11.2024 and instructed his counsel to file exemption application, which was rejected by the trial Court by passing the impugned order, which is assailed in the present petition. It is submitted that if the impugned order is set aside and bail bond stands restored, the petitioner would appear - 3 - NC: 2025:KHC:2334 CRL.P No. 221 of 2025 before the Sessions Court on the next date of hearing on 17.02.2025 without awaiting further notice from the Sessions Court. 4. Per contra, learned HCGP submits that there is no merit in the petition and the same is liable to be dismissed. 5. A perusal of the material on record will indicate that in the light of the specific assertion on the part of the petitioner that his inability to appear before the Sessions Court on 24.11.2024 was due to bonafide reasons, unavoidable circumstances and on account of ill health of the petitioner, I deem it just and appropriate to adopt justice oriented approach and set aside the impugned order and restore the bail bonds of the petitioner and recall the NBW by issuing certain directions in this regard. 6. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 25.11.2024 qua the petitioner/accused No.2 is hereby quashed. - 4 - NC: 2025:KHC:2334 CRL.P No. 221 of 2025 iii) Bail bonds of the petitioner/accused No.2 are hereby restored. iv) The impugned order dated 25.11.2024 directing issuance of NBW as against petitioner/accused No.2 is hereby set aside. v) Petitioner is directed to appear before the Sessions Court on 17.02.2025 without awaiting further notice from the Sessions Court. vi) It is made clear that in the event the petitioner does not appear before Sessions Court on 17.02.2025, the Sessions Court is at liberty to proceed further in the matter. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 59