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2025 DAILYLAW 26648 (KAR)

MR.THULASIRAMAN K v. THE STATE OF KARNATAKA

CRL.P/7029/2025 · 2025-05-20

S Rachaiah

body2025

Judgment text

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- 1 - NC: 2025:KHC:18306 CRL.P No. 7029 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 7029 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MR.THULASIRAMAN K S/o KUMAR AGED ABOUT 32 YEARS R/AT NO. 8/77, LIC MOOGAMBIKAI STREET KARASANGAL, KANCHEEPURAM, TAMIL NADU 601 301 …PETITIONER (BY SRI. RAJANNA B C., ADV.) AND: THE STATE OF KARNATAKA THROUGH THE INSPECTOR OF CUSTOMS CUSTOMS INTELLIGENCE UNIT (CIU) AIRPORT AND AIR CARGO COMPLEX BENGALURU - 560 300 REPTD. BY SPECIAL PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU - 560 001 …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PLEASED TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN O. NO. 62/2021-22, SPL.CASE NO.1802/2022 OF THE INSPECTOR OF CUSTOMS, CUSTOMS INTELLIGENCE UNIT (CIU) AIRPORT AND AIR CARGO COMPLEX, BENGALURU 560300 FOR THE ALLEGED OFFENCES P/U/S 8(C), 22, 23, 28 AND 29 OF NDPS ACT, WHICH IS PENDING ON THE FILE OF HONBLE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS), BENGALURU (CCH-33) IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18306 CRL.P No. 7029 of 2025 ORAL ORDER This petition is filed by accused No.1 seeking for regular bail in Crime No.62/2021-22, registered by the CIU, Airport and Aircargo Complex for the offences punishable under Sections 8(C) R/w, Sec. 22, 23, 28 and 29 of NDPS Act. 2. The case of the prosecution is that the petitioner is arrayed as accused No.1 seeking regular bail on the ground of parity. Accused No.1 who is standing on the same footing had been granting bail by the Co-ordinate Bench in Crl.P.No.13078/2024 on 14.02.2025. 3. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent–State. 4. Having considered the submissions of the learned counsel for the petitioner and also the bail granted to accused No.2, it is appropriate to extend the benefit of parity to the present petitioner. 5. It is needless to say that the Co-ordinate Bench of this Court while granting bail had observed as in paragraph Nos.11 is as follows: - 3 - NC: 2025:KHC:18306 CRL.P No. 7029 of 2025 “11. In the present case, the petitioner is in custody for the last nearly three years. The prosecution has all together cited seven charge-sheet witnesses in the present case. Though the trial in the present case has commenced in the year 2023 itself, till date, the prosecution has only examined one charge-sheeted witness partially. The examination-in-chief of C.W.1 who is examined as P.W.1 in the case has commenced on 26.10.2023, but till date, his examination-in-chief itself is not completed by the prosecution.” 6. In light of the observations made above, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in O.No.62/2021-22, Spl.C.No.1802/2022 of the respondent – Police, pending on the file of XXXIII Addl. City Civil & Sessions Judge & Spl. Judge (NDPS), Bengaluru, on executing a 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 Trial Court, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 4 - NC: 2025:KHC:18306 CRL.P No. 7029 of 2025 b) The Petitioner shall appear regularly on all the dates of hearing before the Trial Court 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. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 18