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2025 DAILYLAW 19802 (KAR)

SRI M N NANDA KISHORE v. STATE BY BANASANKARI P.S.,

CRL.P/3318/2025 · 2025-04-01

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:13647 CRL.P No. 3318 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3318 OF 2025 BETWEEN: SRI. M.N. NANDA KISHORE, S/O. T.S. NAGARAJA, AGED ABOUT 51 YEARS RESIDING AT NO.10, 2ND FLOOR, 32ND MAIN ROAD, BEHIND MEGAMART, BHAVANI HOUSING LAYOUT, BANASHANKARI 3RD STAGE, BENGALURU - 560 085. …PETITIONER (BY SRI. RAVI. J.S, ADVOCATE FOR SRI. SHASHI KUMAR R, ADVOCATE) AND: 1. STATE BY BANASANKARI P.S., REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. 2. DIRECTORATE OF REVENUE INTELLIGENCE, OFFICE OF DRI, CHENNAI ZONAL UNIT, 27, GN CHETTY ROAD, T. NAGAR, CHENNAI - 60017 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR. …RESPONDENTS (BY SRI. MADHU N. RAO, ADVOCATE) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13647 CRL.P No. 3318 of 2025 THIS CRL.P IS FILED U/S 438 OF CR.PC (482 OF BNSS) PRAYING TO GRANT TRANSIT ANTICIPATORY BAIL IN THE SERIOUS APPREHENSION OF ARREST IN FILE NO.DRI/CZU/VIII/48/ENQ-01/INT-30/2024, NOTICE ISSUED AGAINST THE PETITIONER BY THE DIRECTORATE OF REVENUE INTELLIGENCE, OFFICE OF DRI, CHENNAI ZONAL UNIT, 27, GN CHETTY ROAD, T NAGAR, CHENNAI, U/S.108 OF THE CUSTOMS ACT, 1962 (52 OF 1962), FOR PERIOD OF 8 WEEKS TO OBTAIN REGULAR ANTICIPATORY BAIL BY APPROACHING THE JURISDICTIONAL COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner, who is apprehending arrest in the case bearing No.DRI/CZU/VIII/48/ENQ-01/INT-30/2024 registered by respondent No.2 for the offence punishable under Section 108 of the Customs Act, 1962 is before this Court seeking transit anticipatory bail. 2. Heard the learned Counsel for the petitioner and learned Counsel for respondent No.2 who has filed his statement of objections. 3. Material on record would go to show that petitioner was issued with a summons by respondent No.2 asking him to appear before the investigation officer for - 3 - NC: 2025:KHC:13647 CRL.P No. 3318 of 2025 the purpose of enquiry in connection with the above referred case. Apprehending arrest in the case petitioner is before this Court. 4. Learned Counsel for the petitioner has submitted that petitioner intends to approach the jurisdictional Court at Chennai seeking anticipatory bail and in the meanwhile he apprehends arrest by respondent No.2. He submits that limited protection may be given to the petitioner so as to enable him to approach the Jurisdictional Court and file necessary petition seeking anticipatory bail. 5. Learned Counsel for respondent No.2, who has filed his statement of objections fairly submits that for a limited period of four weeks petitioner may be granted transit anticipatory bail only to enable him to file necessary application before the competent Court. 6. Submission made on both sides is placed on record. Accordingly, the following:- ORDER The petition is allowed. - 4 - NC: 2025:KHC:13647 CRL.P No. 3318 of 2025 Petitioner is granted transit anticipatory bail for a period of four weeks from the date receipt of certified copy of this order and in the meanwhile, if the respondent police or any other police arrest him in the case No.DRI/CZU/VIII/48/ENQ-01/INT-30/2024 registered by respondent No.2 for the offence punishable under Section 108 of the Customs Act, 1962, they are directed to enlarge him on bail, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum, to the satisfaction of the Investigation Officer; b) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 79 CT: BHK