- 1 - HC-KAR NC: 2025:KHC:20761 CRL.P No. 5733 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5733 OF 2025 BETWEEN: SYED SUBAN @ SHOOTER SUBAN S/O LATE SYED ALTAF, AGED ABOUT 29 YEARS, R/A.NO.13/0, 1ST CROSS, NAGARAJ LAYOUT, KEB BUS STAND, R.T. NAGAR, BENGALURU. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY BASAVANGUDI POLICE STATION, BENGALURU REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, 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 ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.1964/2024 (CRIME NO.43/2024 OF BASAVANAGUDI POLICE STATION), PENDING ON THE FILE OF THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20761 CRL.P No. 5733 of 2025 JUDGE (NDPS) AT BENGALURU, FOR THE OFFENCES UNDER SECTION 8(c) and 20(b)(ii) (c) of NDPS ACT, BY ACCEPTING SURETY OR ON ANY CONDITIONS THAT THIS HON’BLE COURT MAY BE PLEASED TO IMPOSE. 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.2 in Spl.C.No.164/2024 pending before the XXXIV Additional City Civil and Sessions Judge and Spl. Judge (NDPS), Bengaluru, arising out of Cr.No.43/2024 registered by Basavanagudi Police Station, Bengaluru City, for offences punishable under Section 8(c) and 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), is before this Court in this successive bail petition filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.43/2024 was registered by Basavanagudi Police Station, Bengaluru City, for the offences punishable under Section 20(b) and 8(c) of the - 3 - HC-KAR NC: 2025:KHC:20761 CRL.P No. 5733 of 2025 NDPS Act against unknown persons based on the first information dated 8.4.2024 received from Manoj Naganuri, Police Officer attached to Basavanagudi Police Station, Bengaluru City. 4. During the course of investigation, accused No.1 was arrested on 8.4.2024 and from his possession 2 kg. 130 grams of contraband article allegedly ganja was seized. Subsequently, on 9.4.2024, petitioner herein was arrested and from his possession 45 Kg. 250 grams of contraband article allegedly ganja was seized. The seized contraband article was subsequently subjected to panchanama and arrested accused were subsequently produced before the jurisdiction Court and remanded to judicial custody. Bail application filed by the accused before the jurisdictional Court in Crl.Misc.No.11798/2024 was rejected on 6.1.2025. Therefore, they had approached this Court in Crl.P.No.444/2025, which was dismissed as against the petitioner herein and allowed against petitioner No.1 vide order dated 10.3.2025. - 4 - HC-KAR NC: 2025:KHC:20761 CRL.P No. 5733 of 2025 Therefore, petitioner/accused No.2 is before this Court in this successive bail petition. 5. Learned counsel for the petitioners submits that the petitioner's bail application was dismissed by this Court considering the submission made by the learned High Court Government Pleader that four other criminal cases were registered against this petitioner under the provisions of the NDPS Act. He submits that the petitioner has no other criminal antecedents and he is not involved in any case registered for the offences punishable under the provisions of the NDPS Act. He also submits that the petitioner is in custody since 9.4.2024 and the trial is yet to commence. Hence, sought to allow the petition. 6. Per contra, the learned High Court Government Pleader, who opposed the petition on the ground that the seized contraband article is of commercial quantity however, fairly submits that the petitioner has no criminal antecedents of similar nature and by mistake it was submitted before this Court in Crl.P.No.444/2025 that the - 5 - HC-KAR NC: 2025:KHC:20761 CRL.P No. 5733 of 2025 petitioner had four other criminal cases registered against him under the provisions of the NDPS Act. 7. The material on record would go to show that based on the credible information about sale of contraband article by some persons, FIR was registered against the unknown persons and in the subsequent raid held on 8.4.2024 by the police, accused No.1 was arrested and from his possession 2 kg. 130 grams of contraband article allegedly ganja was seized. Based on the confession statement of accused No.1, accused No.2 was arrested on 9.4.2024 and from his possession contraband article allegedly ganja weighing 45 kg. 250 grams was seized. The seized contraband article was subsequently subjected to panchanama. After completing investigation, charge sheet has been filed against accused Nos.1 and 2 for the aforesaid offences. Accused No.1 was granted regular bail in Crl.P.No.444/2025 disposed of on 10.3.2025 considering he fact the seized contraband article from his possession was of intermediate quantity. So far as this petitioner is - 6 - HC-KAR NC: 2025:KHC:20761 CRL.P No. 5733 of 2025 concerned, his bail petition was rejected on the ground that he is a person with antecedents who was in possession of contraband article of commercial quantity. It is now brought to the notice of this Court that the petitioner has no criminal antecedents of similar nature. He is in custody since 9.4.2024. It is not in dispute that the trial in this case is not yet commenced before the trial Court. 8. In the case of Chitta Biswas Alias Subhas vs. State of West Bengal reported in 2020 SCC OnLine SC 1536, the Hon'ble Supreme Court taking into consideration that the accused was in custody for a period of one year seven months and there was no sufficient progress in trial, without expressing any opinion on merits and demerits of the case, has granted regular bail to the accused. In the case of Nitish Adhikary alias Bapan vs. State of West Bengal reported in 2022 SCC OnLine SC 2068 in a case where charge sheet was filed for the offences punishable under Sections 21(c) and 37 of the NDPS Act and accused was in - 7 - HC-KAR NC: 2025:KHC:20761 CRL.P No. 5733 of 2025 custody for a period of one year seven months, the Hon'ble Supreme Court has granted regular bail on the ground that trial is still in the preliminary stage, as only one witness was examined. 9. In the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19, the Hon'ble Apex Court has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 10. In the present case, the prosecution has in all cited 15 charge sheet witnesses and the trial in the case is yet to commence. Therefore, chances of trial being - 8 - HC-KAR NC: 2025:KHC:20761 CRL.P No. 5733 of 2025 completed and case being disposed of on merits in the near soon is very remote. Therefore, I am of the opinion that he has no criminal antecedents, the prayer made in this petition for regular bail needs to be granted subject to appropriate conditions. Accordingly, the following: ORDER i. The petition is allowed. ii. The petitioner/accused No.2 is directed to be enlarged on bail in Spl.C.No.1964/2024 pending before the XXXIV Additional City Civil and Sessions Judge and Spl. Judge (NDPS), Bengaluru, arising out of Cr.No.43/2024 registered by Basavanagudi Police Station, Bengaluru City, for offences punishable under Section 8(c) and 20(b)(ii)(c) of NDPS Act, subject to following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh 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 - 9 - HC-KAR NC: 2025:KHC:20761 CRL.P No. 5733 of 2025 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 TL List No.: 1 Sl No.: 47 CT:ar