- 1 - NC: 2025:KHC:7644 WP No. 4727 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4727 OF 2025 (GM-RES) BETWEEN: SAMEER SAB @ SAMEER, S/O MUNEER SAB, NOW AGED ABOUT 25 YEARS, RESIDING AT ABUJAR COLONY, NEAR ABUJAR MASJID, BILAL KHANDA, GULUME, BHATKAL TALUK, UTTARA KANNADA, PRESENTLY STAYING AT IRAQI BUILDING, AL MAJAZ 3, NEAR ETISALAT, SHARJAH, UAE. …PETITIONER (BY SMT. HALEEMA AMEEN., ADVOCATE) AND: THE STATE, BY SHO, BYNDOOR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENT (BY SRI.THEJESH, HCGP) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7644 WP No. 4727 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS (482 Cr.PC) PRAYING TO A). QUASHING THE ORDER DATED 24.06.2024, PRODUCED AT ANNEXURE A, PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE UDUPI, ONLY TO THE EXTENT AND AGAINST THE PETITIONER ALONE, IN SPECIAL CASE NO.66/2023, CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 21(B), 22(B), 8(C), 20(B) OF NDPS ACT AND 4, 25(1B) (B) OF ARMS ACT, RE-ISSUING NBW AGAINST THE PETITIONER DIRECTING THE SP TO EXECUTE THROUGH THE PASSPORT AUTHORITY, AND DIRECTING THE INVESTIGATION OFFICER TO COLLECT THE PROPERTY PARTICULARS OF THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following relief :- "a) Issue a writ of certiorari or any other appropriate order, quashing the order dated 24.06.2024, Produced at Annexure A, passed by the Principal District and Sessions Judge, Udupi, only to the extent and against the petitioner alone, in Special Case No.66/2023, charge sheeted for the offences punishable under sections 21(b), 22(b), 8(c), 20(b) of NDPS Act and 4, 25(1B) (B) of Arms Act, re- issuing NBW against the petitioner directing the SP to execute through the Passport Authority, and directing the Investigation Officer to collect the property particulars of the petitioner. b. Consequently, order to quash the proceedings initiated against the petitioner alone, in Special Case No.89/2024, by the Principal District and Sessions Judge, Udupi, which arose on - 3 - NC: 2025:KHC:7644 WP No. 4727 of 2025 splitting up the case against the petitioner from the main case Special Case No.66/2023, which is also pending on the file of Principal District and Sessions Judge, Udupi." 2. Heard learned counsel for the petitioner and learned HCGP for the respondent/State. 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 invited my attention to the order dated 23.01.2024 passed by the Principal District and Sessions Judge, Udupi, in Special Case No.89/2024, in which the petitioner is arraigned as accused No.1, in order to contend that in view of the said order dated 23.01.2024 passed by the Sessions Court, issuing NBW as against the petitioner, who is presently residing outside India, he is not in a position to enter India and appear before the Sessions Court since there is a possibility that he may be apprehended at the Air Port or anywhere else, immediately upon arrival and would thereby be deprived of his right to seek bail before the Special Court. Therefore, it is submitted that petitioner may be permitted to enter India within three weeks from today and appear before the Special Court within a period of three weeks from the date of arrival and file - 4 - NC: 2025:KHC:7644 WP No. 4727 of 2025 an application for regular bail and Special Court may be directed to consider the same and pass appropriate orders in accordance with law. It is further submitted that till the Special Court passes appropriate orders on the bail application to be filed by the petitioner, the NBW may be kept in abeyance and the Special Court and the respondents may be directed not to take precipitative/coercive steps against the petitioner. 4. Per contra, learned HCGP submits that in the event, petitioner were to enter India within a period of three weeks from today and appear before the Special Court within a period of three weeks from the date of his entering/arrival in India and files an application seeking regular bail by appearing before the Special Court, the Special Court may be directed to consider the same and pass appropriate orders in accordance with law. Hence learned HCGP submits that petition may be disposed of accordingly. 5. In view of the aforesaid facts and circumstances and submissions made by both sides, I deem it just and appropriate to dispose of this petition by issuing certain directions. In the result, I pass the following :- - 5 - NC: 2025:KHC:7644 WP No. 4727 of 2025 ORDER (a) Petitioner is permitted to enter India within a period of three weeks from today. (b) Immediately upon entering/arrival in India, the petitioner is directed to appear before the Special Court and file an application seeking regular bail in Special C.No.89/2024 on the file of the Principal District and Sessions Judge, Udupi, within a period of three weeks from the date of him entering/arrival in India. (c) It is further directed that the Sessions Court shall pass appropriate orders on the bail application to be filed by the petitioner in accordance with law. (d) It is further directed that till the Sessions Court passes appropriate orders on the bail application to be filed by the petitioner, NBW issued by the Special Court shall remain in abeyance and the Special Court as well as the respondent shall not take precipitate / coercive steps against the petitioner. - 6 - NC: 2025:KHC:7644 WP No. 4727 of 2025 (e) Subject to the aforesaid directions and liberty reserved in favour of the petitioner, petition stands disposed off. Sd/- (S.R.KRISHNA KUMAR) JUDGE NG List No.: 3 Sl No.: 12