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2025 DAILYLAW 13509 (KAR)

MOHAMMAD NAWMAN v. THE STATE OF KARNATAKA

CRL.P/555/2025 · 2025-03-05

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:9369 CRL.P No. 555 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 555 OF 2025 BETWEEN: MOHAMMAD NAWMAN S/O. K.H. MOHAMMAD, AGED ABOUT 22 YEARS R/AT NO.9-16-628/3(1) BAVA MAHAL, 2ND FLOOR J.M. ROAD, BANDAR, MANGALURU, D.K. DISTRICT - 575 001 …PETITIONER (BY SRI. LETHIF .B., ADVOCATE) AND: THE STATE OF KARNATAKA, BY CEN CRIME POLICE STATION, MANGALORE DISTRICT, REP. BY SPP, HIGH COURT BUILDING BANGALORE - 560 001 …RESPONDENT (BY SMT. PUSHAPALATHA, ADDL.SPP, ALONG WITH SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.68/2024 FOR THE OFFENCE U/S 8(C) AND 22(C), 29(1) OF NDPS ACT R/W 34 OF IPC OF CEN CRIME POLICE STATION, MANGALORE PENDING BEFORE PRL. DISTRICT AND SESSIONS JUDGE, D.K. DISTRICT. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:9369 CRL.P No. 555 of 2025 ORAL ORDER Accused No.3 in Crime No.68/2024 registered CEN Crime Police Station, Mangalore, Dakshina Kannada District, for the offences punishable under Sections 8(C) AND 22(C), 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, 'NDPS') read with Section 34 of Indian Penal Code (for short 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsels for the parties. 3. Learned counsel for the petitioner submits that allegation against accused Nos. 2 to 4 are similar. Accused Nos. 2 and 4 have been enlarged on bail by this Court in Crl.P.No.12706/2024 and Crl.P.No.490/2025. Petitioner is also a student of the very same institution in which, accused Nos. 2 and 4 were studying. He has no other criminal antecedents. 4. Learned Additional SPP who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 5. This Court considering the fact that, accused Nos. 2 and 4 are students pursuing their MBA course in Yenopaya - 3 - NC: 2025:KHC:9369 CRL.P No. 555 of 2025 College at Mangalore and also considering the fact that, there is no compliance of Section 52, 57 and 57(A) of NDPS Act in the present case, has granted regular bail to accused Nos. 2 and 4 in Crl.P.No.12706/2024 and Crl.P.No490/2025. Petitioner is also a student pursuing MBA course in Yenopaya College at Mangalore and he also does not have any criminal antecedes. Allegations against the petitioner and accused Nos. 2 and 4 are similar. Under such circumstances, on the ground of parity, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.68/2024 registered CEN Crime Police Station, Mangalore, Dakshina Kannada District, for the offences punishable under Sections 8(C) AND 22(C), 29(1) of NDPS read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh - 4 - NC: 2025:KHC:9369 CRL.P No. 555 of 2025 only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 54