- 1 - NC: 2025:KHC:15749 CRL.P No. 3379 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 3379 OF 2025 BETWEEN: 1. JAGADISH NAYAK S/O BAIDYO NAYAK AGED ABOUT 34 YEARS RESIDING AT PADEPADAR VILLAGE AN POST, T.H. RAMPUR KALAHANDI DISTRICT ORISSA STATE-766 026 PRESENTLY, LODGED AT CENTRAL PRISONS, BENGALURU. …PETITIONER (BY SRI. VINAYAK KULKARNI, ADVOCATE FOR SMT. BHAVYA N.G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY COTTONPET POLICE STATION BENGALURU CITY REPRESENTED BY SPP HIGH COURT COMPLEX BENGALURU -560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL PERTAINING TO CR.NO.0359/2023 OF COTTONPET POLICE STATION AND IN SPL.C.CNO.637/2024 ON THE FILE OF HON’BLE 33RD ADDITIONAL CITY CIVIL AND Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15749 CRL.P No. 3379 of 2025 SESSIONS JUDGE, BENGALURU CITY, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(c) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT, 1985. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Learned counsel on the previous occasion made false submission before the Court that 9 times warrant was issued against C.W.1 and inspite of it, C.W.1 not appeared before the Trial Court. The Trial Court directed to get the report and report reveals that C.W.1 has not appeared and Inspector of Cotton pet Police Station submits that on 04.12.2024, summons was issued to C.W.1 and he was not present and no warrant was issued and the report submitted by the Inspector is also not correct. Having perused the order sheet, even inspite of order sheet discloses that warrant was issued against C.W.1 and date is fixed for further trial on 17.04.2025, without looking into the order sheet, submitted the report, however, the case is set down for examination of C.W.1 tomorrow i.e., on 17.04.2025. Hence, the report submitted by the Investigating Officer will not come in the way of disposal of this petition. - 3 - NC: 2025:KHC:15749 CRL.P No. 3379 of 2025 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent-State. 3. This Court earlier considered the petition after filing of the charge-sheet in Crl.P.No.4191/2024 and this Court rejected the earlier bail petition and in paragraph No.6, taken note of the fact that ganja seized is 161 Kgs. i.e., 8 times of commercial quantity and also the fact that the petitioners are in custody for 8 months. Learned counsel for the petitioner would submit that the petitioner is in custody from 1½ years and hence, he may be enlarged on bail. He would contend that petitioner will co-operate for the trial and there is no need to continue him in the custody. 4. Learned Additional SPP for the respondent-State would submit that large quantity of ganja was seized i.e., 161 Kgs. which is worth of Rs.1,40,00,000/-. She would vehemently contend that the petitioner is the resident of Orissa and not a local person and vehicle seized is also having Orissa registration and was transporting ganja in the said vehicle and if the petitioner is released on bail, he would hamper the trial. - 4 - NC: 2025:KHC:15749 CRL.P No. 3379 of 2025 5. Having heard learned counsel for the petitioner and learned Additional SPP for the respondent-State and this Court in view of the submission made by learned counsel for the petitioner earlier that warrant was issued against C.W.1 multiple times and he did not appeared before the Court, directed the learned Additional SPP for the respondent-State to place on record the order sheet of the Trial Court. Today, the same is placed before the Court which discloses that warrant was issued first time and date is fixed for tomorrow i.e., 17.04.2025 and false submission is made by learned counsel for the petitioner which led learned Additional SPP to get report from the Investigating Officer. Apart from that when large quantity of ganja is seized, it is an offence against the society at large and when this petitioner was arrested and he was transporting ganja along with the other accused in the vehicle having Orissa registration, the same is taken note by this Court while rejecting the earlier bail petition and there is no changed circumstance, except commencement of trial. 6. The order sheet discloses that charge was framed in the month of October and date was as 04.12.2024 and on 04.12.2024, C.W.1 was not present and hence, warrant was - 5 - NC: 2025:KHC:15749 CRL.P No. 3379 of 2025 issued and warrant is not executed and case is set down for trial tomorrow i.e., 17.04.2025 and Investigating Officer is directed to ensure that witness C.W.1 is present before the Court tomorrow for trial without any excuse. Hence, no grounds are made out to exercise the powers under Section 439 of Cr.P.C. and to enlarge the petitioner on bail. Accordingly, the criminal petition is rejected. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 74