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2025 DAILYLAW 26447 (KAR)

JALENDAR HARIJAN v. THE STATE OF KARNATAKA

CRL.P/6918/2025 · 2025-06-03

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18682 CRL.P No. 6918 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6918 OF 2025 BETWEEN: JALENDAR HARIJAN S/O KOBI HARIJAN AGED ABOUT 27 YEARS RESIDING AT KURLUGHATI VILLAGE NUAPUJARIGUNDA KURLUGHATI POST THETHALI KUTTI BLOCK NABARANGARA ORISSA STATE PIN - 764 059. …PETITIONER (BY SRI SUYOG HERELE E, ADV.) AND: THE STATE OF KARNATAKA THROUGH COTTONPETE P.S REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN CR.NO.359/2023 REGISTERED BY THE COTTONPETE P.S., BANGALORE RURAL DISTRICT, PENDING ON THE FILE OF LEARNED XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS), BENGALURU (CCH-33) IN SPL.C.NO.637/2024, FOR THE OFFENCES P/U/S 20(b)(ii)(c) OF NDPS ACT, 1985. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18682 CRL.P No. 6918 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Special Case No.637/2024 pending before the Court of XXXIII Addl. City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.359/2023 registered by Cottonpet Police Station, Bengaluru, for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act, 1985, is before this Court in this successive bail application filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Learned HCGP submits that petitioner had earlier approached this Court in Crl.P.No.4191/2024 which was dismissed on merits by the Co-ordinate Bench of this Court by order dated 16.05.2024. There is no change in circumstance and the trial in the case has already commenced and one witness has been partly cross-examined. He, accordingly, prays to dismiss the petition. 3. Learned counsel for the petitioner after arguing the matter for some time submits that considering the period of petitioner's incarceration, the Trial Court may be directed to - 3 - HC-KAR NC: 2025:KHC:18682 CRL.P No. 6918 of 2025 dispose of the main case expeditiously and with such a direction, the petition may be disposed of. 4. The submission made on both sides is placed on record. 5. Petition is disposed of with a request to the Trial Court to expedite the trial in Special Case No.637/2024 and dispose of the case on merits as expeditiously as possible taking into consideration that accused persons are in custody from 15.09.2023 onwards. Sd/- (S VISHWAJITH SHETTY) JUDGE DN