- 1 - NC: 2025:KHC:1716 CRL.P No. 12628 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 12628 OF 2024 (439(Cr.PC) / 483(BNSS)-) BETWEEN: SYED NOOR S/O IMTIYAZ AHMAD, AGED ABOUT 31 YEARS, R/ AT, 518, DINNURU MAIN ROAD, DHARMANNA GARDEN, BENGALURU - 32. …PETITIONER (BY SRI. SREENIVASA KUMAR D G., ADVOCATE) AND: STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION BANGALORE RURAL DISTRICT - 562 162. REPRESENTED SPP HIGH COURT OF KARNATAKA, BENGALURU - 560 009. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.319/2022 (SPLC.11/2023) OF RESPONDENT MADANAYAKANAHALLI POLICE STATION, REGISTERED FOR ALLEGED OFFECNE P/U/S 20(B) OF NDPS ACT, 1985, PENDING ON THE FILE OF THE LEARNED VIII ADDL. DIST. AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:1716 CRL.P No. 12628 of 2024 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL ORDER This petition is filed by the petitioner/accused No.2 under Section 483 of BNSS (439 of Cr.P.C.) for granting bail in Crime No.319/2022 (SPLC.11/2023) registered by Madanayakanahalli Police Station, charge sheeted for the offence punishable under Section 20(B) of NDPS Act, 1985, pending on the file of the VIII Addl. Dist. and Sessions judge, Bangalore Rural District. 2. Heard the arguments of learned counsel for the petitioner and learned HCGP for the State. 3. The case of the prosecution is that on the credible information the police intercepted the car bearing No.KA 50 M 6711 on 03.07.2022 at about 1:00 p.m., on searching the car, it was found, there was two bundles of ganja carried by the accused Nos.1 and 2, where 25 kgs was recovered from accused No.1 and 26 kgs recovered from this petitioner. They have not properly answered and there is no license. Therefore, they have been taken to custody. The same was seized as per panchanama. An FIR has been registered, the accused are in custody from 03.07.2022. The bail application of this petitioner - 3 - NC: 2025:KHC:1716 CRL.P No. 12628 of 2024 was dismissed earlier. Hence once again, the petitioner is before this court. 4. Learned counsel for the petitioner contended though the charges were framed long back by the Trial Court but there is no progress in the trial. The petitioner is in custody for more than 2½. The CW1 complainant is not appearing before the court. However, the other two panch witnesses are already examined before the court. Except examining the other 2 to 3 witnesses nothing is left. But due to non appearance of the CW1, the cases were adjourned. Therefore, there is delay in disposal of the case and there is no chances of disposing the matter in the near future. Hence prayed for granting the bail. 5. Per contra, learned HCGP objected the bail petition. Having heard the arguments and perused the records which reveals, ofcourse the property which was seized has banned articles including Narcotic drugs i.e, ganja of more than 51 kg which is of commercial quantity, almost 2.5 times more than the commercial quantity. It is alleged that the accused No.1 said to be carrying 25 kgs and this petitioner was carrying 26 kgs. The investigation was completed long back and charge sheet has been filed the Trial Court though started trial, but not - 4 - NC: 2025:KHC:1716 CRL.P No. 12628 of 2024 properly proceedings in due manner as per stated in the section 309 of Cr.P.C. The order sheet produced by the learned counsel clearly reveals CW1 remained absent, other two witnesses have been examined as PW1 and PW2. Inspite of issuing NBW and attachment of salary of CW1, the case is still lying and there is no progress in the trial. Securing the presence of CW1 and other witnesses it takes some more time. The material witnesses CW2 and CW3 already examined except CW1. Therefore, I am of the view, keeping the accused in custody amounts to pre trial detention. CW1 is the official witness/PSI, there is no question of tampering the witnesses by the accused, does not arises. Therefore by imposing certain conditions, if bail is granted no prejudice would cause to the prosecution case. Hence, the following order: Order The Criminal petition is allowed. The Trial Court is directed to release the petitioner/accused No.2 in Crime No.319/2022 (SPLC.11/2023) registered by Madanayakanahalli Police Station, pending on the file of the VIII Addl. Dist. and Sessions judge, Bangalore Rural District, subject to the following conditions: - 5 - NC: 2025:KHC:1716 CRL.P No. 12628 of 2024 (i) Petitioner-accused No.2 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 Investigating Officer; (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 appear before the concerned police and mark his attendance once in fortnight on every 2nd and 16th of Calendar month between 10:00 a.m. and 4:00 p.m. for a period of 6 months or till disposal of the case whichever is later. If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order Sd/- (K.NATARAJAN) JUDGE AKV_List No.: 2 Sl No.: 5_CT:SK