- 1 - NC: 2025:KHC-D:3281 CRL.P No. 100461 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 100461 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: DIPANKAR S/O. PRAKASH KIRTTANIYA AGED ABOUT 33 YEARS, OCCUPATION: MASON, R/AT: PURBAPAR BAYANA, DISTRICT: NADIYA, STATE: WEST BENGAL - 741 501. …PETITIONER (BY SRI. SUBHASH J. BADDI, ADVOCATE) AND: THE STATE OF KARNATAKA KASABAPETH POLICE STATION, HUBBALLI, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. PRAVEEN, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN SPL.NDPS CC NO.05/2022 PENDING ON THE FILE OF COURT OF PRL.DISTRICT AND SESSIONS JUDGE, AT DHARWAD AS ATTACHED IN KASABAPETH POLICE STATION CRIME NO.14/2022 FOR THE OFFENCES PUNISHABLE U/S 20(a)(i), 20(ii)(A), 27 OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985. Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:3281 CRL.P No. 100461 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE K.NATARAJAN ORAL ORDER (PER: THE HON'BLE MR. JUSTICE K.NATARAJAN) Learned HCGP takes notice for respondent/State. 2. This successive bail petition is filed by the petitioner/accused No.4 under Section 439 of Cr.P.C./483 of BNSS for granting bail in Crime No.14/2022 registered by Kasabapeth Police station, Hubballi, charge sheeted for the offences punishable under Sections 20(a)(i), 20(ii)(A), 27 of Narcotic Drugs and Psychotropic Substances Act, 1985, now pending on the file of Principal District and Sessions Judge at Dharwad in SPL.NDPS.CC.No.05/2022. 3. Heard the arguments of learned counsel for petitioner and learned HCGP for the State. 4. The case of the prosecution is that on the suo moto complaint registered by the police on 12.02.2022, on the credible information, they arrested the accused Nos.1 and 2 and seized the ganja. During the investigation, the police also - 3 - NC: 2025:KHC-D:3281 CRL.P No. 100461 of 2025 said to be arrested this petitioner and remanded to judicial custody. Previously his bail petition came to be allowed and he was released on bail subsequently he was absconded from 08.09.2022 and secured his presence on 09.01.2024, since then he is in custody. His successive bail came to be rejected by the Trial Court . Hence, he is before this court. 5. Learned counsel for the petitioner submits that his father was unwell and he was in West Bengal as he went to see his father. Later, his father said to be died. The petitioner was unable to intimate the same to the advocate and was unable to appear. Later, he has voluntarily appeared before the court and since one year he is in custody and he is ready to abide by any conditions. Hence, prayed for granting bail. 6. Per contra learned HCGP objected the bail petition contending that he has jumped out from the bail and if once again bail is granted, he may abscond from the case and delay the process. Hence, prayed for dismissing the petition. 6. Considering the facts and circumstances of the case, ofcourse the bail was granted in the previous occasion and he was released on bail, prior to September 2022, later the - 4 - NC: 2025:KHC-D:3281 CRL.P No. 100461 of 2025 petitioner was absconded. Though learned counsel filed application for exemption for 2 to 3 dates, later NBW has been issued and surety notice came to be issued. Accordingly, surety has produced this petitioner before the court. It is submitted that his father said to be unwell and died and since last one year he is in custody. The petitioner submits he is ready to abide by any conditions. Therefore, looking to the facts and circumstances of the case, the Trial Court has not yet commenced trial, the matter has been adjourned for one or the other reasons for arguing before the Trial Court on the charge. There is no reasons assigned by the Trial Court for not framing of the charge and taking up the trial, even though this petitioner was in custody since last one year. The matter got delayed for taking the trial by the Trial Court and even date was not fixed as on November 2024. Therefore, by imposing certain conditions if bail is granted no prejudice would cause to the prosecution case. Hence, the following order: Order This criminal petition is allowed. The petitioner/accused No.4 is ordered to be released on bail by the Trial Court in SPL.NDPS.CC.No.05/2022, on the file - 5 - NC: 2025:KHC-D:3281 CRL.P No. 100461 of 2025 of Principal District and Sessions Judge at Dharwad with respect to the Crime No.14/2022 registered by Kasabapeth Police station, Hubballi, subject to the following conditions: (i) Petitioner-accused No.4 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court; (ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly; (iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court. (v) Petitioner shall mark his attendance before the concerned police, once in a month on every 2nd of calendar month, till disposal of the case by the Trial Court. Sd/- (K.NATARAJAN) JUDGE AKV List No.: 19 Sl No.: 1 CT:SK