- 1 - HC-KAR NC: 2025:KHC:20531 CRL.P No. 3205 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3205 OF 2025 BETWEEN: AFZAL KHAN @ APJAL KHAN, S/O ISMAIL KHAN, AGED ABOUT 39 YEARS, RESIDING AT NO 45, 4TH CROSS, MODI ROAD, NEAR MODI MASJID, D J, BENGALURU PIN - 560 045. …PETITIONER (BY SRI. SUYOG HERELE E.,ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MADANAYAKANAHALLI P S, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT.RASHMI PATEL., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT - POLICE TO RELEASE THE PETITIONER ON BAIL IN CR.NO.319/2022 (PENDING ON THE FILE OF LEARNED VIII ADDL. DISTRICT AND SESSIONS JUDGE , BENGALURU RURAL DISTRICT IN SPL.CASE NO.11/2023) REGISTERED BY THE MADANAYAKANAHALLI P.S. BENGALURU RURAL DISTRICT FOR THE OFFENCE P/U/S 20(b) OF NDPS ACT. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20531 CRL.P No. 3205 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Spl.C.No.11/2023 pending before the Court of VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.319/2022 registered by Madanayakanahally Police Station, Bengaluru Distrct, for offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.319/2022 was registered by Madanayakanahally Police Station, Bengaluru Distrct, for the aforesaid offences against the petitioner and others, based on the first information dated 03.07.2022 received - 3 - HC-KAR NC: 2025:KHC:20531 CRL.P No. 3205 of 2025 from Delegowda D, Police Sub-Inspector attached to Madanayakanahally Police Station, Bengaluru Distrct. 4. During the course of investigation of the case, petitioner herein was arrested on 03.07.2022 and subsequently remanded to judicial custody. After completing investigation charge sheet has been filed against four persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Session Court was rejected and therefore, he had approached this Court in Crl.P.No.1173/2023 which was dismissed as withdrawn on 06.04.2023. Thereafter, petitioner had once again approached this court in Crl.P.No.10368/2023 which was dismissed on merits on 22.02.2024. Subsequently, petitioner had filed bail application before the trial Court which was rejected on 12.09.2024. Therefore, petitioner is before this Court in this successive bail application seeking regular bail. - 4 - HC-KAR NC: 2025:KHC:20531 CRL.P No. 3205 of 2025 5. Learned Counsel for the petitioner submits that allegation against the petitioner and accused No.2 are identical. Accused No.2 has been granted regular bail by the Co-ordinate Bench of this in Crl.P.No.12628/2024 disposed of on 16.01.2025, on the ground of delay in trial. He submits that subsequent to disposal of Crl.P.No.12628/2024, C.W-1 has been now examined before the trial Court. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. 7. It is the case of the prosecution that based on credible information, police intercepted the car bearing registration No.KA-50/M-6711 on 03.07.2022 at about 1:00 pm and from the said car contraband article allegedly Ganja totally weighing 51 Kgs was recovered from accused Nos.1 and 2, who were the inmates of the car. Accused Nos.1 and 2 were arrested on the same date and - 5 - HC-KAR NC: 2025:KHC:20531 CRL.P No. 3205 of 2025 subsequently they were remanded to judicial custody. Allegation in the charge sheet as against accused Nos.1 and 2 are similar. Accused No.2 has been granted regular bail by this Court in Crl.P.No.12628/2024 disposed of on 16.01.2025 on the ground of delay in trial. At the stage of granting regular bail to accused No.2 on the ground of delay in trial, C.W-2 and C.W-3 were examined before the trial Court as P.W-1 and P.W-2 and in spite of taking coercive steps C.W-1-first informant could not be secured before the Court. 8. Learned Counsel for the petitioner has brought to the notice of this Court that C.W-1 has been now already examined before the trial Court as P.W-3. It is not in dispute that petitioner has no criminal antecedents and he is in custody for the last nearly three years. Out of the 17 charge sheet witnesses till date only 3 charge sheet witnesses have been examined before the trial Court as P.W-1 and P.W-3. Under the circumstances without reference to the merits and demerits of the case, the - 6 - HC-KAR NC: 2025:KHC:20531 CRL.P No. 3205 of 2025 prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, considering his period of incarceration. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.11/2023 pending before the Court of VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.319/2022 registered by Madanayakanahally Police Station, Bengaluru Distrct, for offences punishable under Section 20(B) of of NDPS Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum, to the satisfaction of the Investigating Officer; b) Petitioner shall not indulge in similar offences strictly; - 7 - HC-KAR NC: 2025:KHC:20531 CRL.P No. 3205 of 2025 c) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly; d) Petitioner shall not leave the jurisdiction without prior permission of the trial Court. e) Petitioner shall appear before the concerned police and mark his attendance once in fortnight on every 2nd and 16th of Calendar month between 10:00 a.m. and 4:00 p.m. for a period of 6 months or till disposal of the case whichever is later. If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 41