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2025 DAILYLAW 27053 (KAR)

SRI SAMEER PRADAN v. STATE BY KONANUR P S

CRL.P/7332/2025 · 2025-06-25

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22267 CRL.P No. 7332 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7332 OF 2025 BETWEEN: 1. SRI SAMEER PRADAN S/O KAPOOR PRADAN AGED ABOUT 47 YEARS TATA MAHA MANDAKIYA VILLAGE RAIKIA TALUK, PHULBANI, KANDAMAL DISTRICT, ORISSA STATE - 762 101 IN JUDICIAL CUSTODY. 2. SMT. GEETHA PRADAN D/O SRI PAATHU PRADAN AGED ABOUT 25 YEARS BAGADI VILLAGE, DHARMAPUR POST, NUYAGAN TALUK PHULBANI, KANDAMAL DISTRICT ORISSA STATE - 762 102 IN JUDICIAL CUSTODY. …PETITIONERS (BY SRI SHIVARAMA D.A, ADV.) AND: STATE BY KONANUR P S REPRESENTED BY S.P.P. HIGH COURT-COMPLEX BANGALOR - 560 009. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONERS/ACCUSED NO.1 AND 2 ON BAIL IN CR.NO.53/2025 OF KONANUR POLICE STATION, OFFENCE P/U/S. 20(b)(ii)B, 29 OF NARCOTIC DRUGS AND PSYCHOTROPIC Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22267 CRL.P No. 7332 of 2025 SUBSTANCES ACT-1985, PENDING IN SPL.C.NO.153/2025 ON THE FILE OF HONBLE PRL.DISTRICT AND SESSIONS JUDGE, HASSAN. 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 Nos.1 and 2 in Spl.C.No.153/2025 pending on the file of Principal District and Sessions Judge, Hassan arising out of Crime No.53/2025 registered by Konanur Police Station, Hassan District for the offences punishable under Sections 20(b)(ii)B & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) are before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.53/2025 was registered by Konanur Police Station, Hassan District against the petitioners herein for the aforesaid offences, on the basis of first information dated 10.03.2025 received from Sri Girish K.N, Police officer, attached to Konanur Police Station. During the course of investigation, the petitioners - 3 - HC-KAR NC: 2025:KHC:22267 CRL.P No. 7332 of 2025 were arrested on 10.03.2025 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioners for the aforesaid offences. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Spl.C.No.153/2025 was dismissed on 13.05.2025. Therefore, they are before this Court. 5. Perusal of the material on record would go to show that, based on the credible information received a raid was conducted by the first informant and his staff members to the alleged place, where two persons were making attempts to sell contraband article to public. Raiding squad had apprehended the petitioners from the alleged spot, who revealed their name as Sameer Pradhan and Geetha Pradhan. Thereafter, from their possession contraband article allegedly ganja totally weighing 10 kg 600 grams was seized. Subsequently, they were brought to the Police Station along with seized contraband article - 4 - HC-KAR NC: 2025:KHC:22267 CRL.P No. 7332 of 2025 and FIR was registered against them. The arrested accused were subsequently produced before the Court and remanded to judicial custody 6. After completing investigation, charge sheet is filed against the petitioners. The seized contraband article from the custody of the petitioners is of intermediate quantity. Therefore, the rigor under Section 37(1)(b) of NDPS Act cannot be made applicable to the petitioners. It is not in dispute that the petitioners do not have any criminal antecedents. 7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively subject to appropriate conditions. 8. Accordingly, the following: ORDER The petitioners are directed to be enlarged on bail in Spl.C.No.153/2025 pending on the file of Principal District - 5 - HC-KAR NC: 2025:KHC:22267 CRL.P No. 7332 of 2025 and Sessions Judge, Hassan arising out of Crime No.53/2025 registered by Konanur Police Station, Hassan District for the offences punishable under Sections 20(b)(ii)B & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties (out of which one surety shall be local surety) for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2025:KHC:22267 CRL.P No. 7332 of 2025 d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS