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2025 DAILYLAW 35092 (KAR)

JAGAN v. STATE OF KARNATAKA

CRL.P/12328/2024 · 2025-07-07

S Vishwajith Shetty

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:24427 CRL.P No. 12328 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12328 OF 2024 BETWEEN: 1. JAGAN S/O RAJAN AGED ABOUT 35 YEARS KRISHNAPPA LAYOUT, 2ND CROSS PILLANGANAHALLI BANGALORE. …PETITIONER (BY SRI. KAMBESHA M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KONANAKUNTE P.S. BANGALORE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATKA BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATIL, HCGP) THIS CRL.P. IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL IN CRIME NO.337/2022 OF KONANAKUNTE POLICE STATION PUNISHABLE UNDER SECTION 20(b)(ii)C OF N.D.P.S. NOW REGISTERED AS SPL.C.C.NO.170/2023 NOW PENDING ON THE FILE OF HON'BLE 34TH ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU AT BENGALURU IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24427 CRL.P No. 12328 of 2024 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner, who is arrayed as accused No.1 in Spl.C.C.No.170/2023 pending before the Court of XXXIV Addl. City Civil and Sessions Judge and Special Judge, (NDPS), Bengaluru arising out of Crime No.337/2022 registered by Konanakunte Police Station, Bengaluru City for the offence punishable under Section 20(b)(ii)(C) of Narcotic Drugs & Psychotropic Substances Act, 1985 is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. 2. Perusal of the material on record would go to show that the petitioner had earlier filed bail petition in Crl.P.No.5856/2023 which was dismissed on merits by order dated 23.08.2023 and in paragraph No.7 of the said order, it has been observed as follows: "7. In the present case, the accused persons were apprehended with a huge quantity of ganja totally weighing 105 Kgs. Petitioner has antecedents and he is involved in as many as five cases registered - 3 - HC-KAR NC: 2025:KHC:24427 CRL.P No. 12328 of 2024 against him under the provisions of the Act. He was taken to custody in one such case and was released on bail on 29.10.2022, and thereafter, on 07.11.2022 he was apprehended along with accused no.2 and ganja weighing 105 Kgs. has been seized from their possession. The material on record would go to show that the petitioner is a habitual offender. Under the circumstances, I am not inclined to entertain this petition. Accordingly, the petition is dismissed." 3. The petitioner has not made out any change in circumstances so as to entertain this successive bail application. It is brought to the notice of this Court that trial in the earlier criminal cases registered against the petitioner is in progress. So far as the present case is concerned, the petitioner is in custody since 07.11.2022. Therefore, this petition is dismissed with a request to the trial Court to expedite the trial and to dispose of the case on merit as expeditiously as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE PGG