- 1 - NC: 2025:KHC:9135 CRL.P No. 13167 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13167 OF 2024 BETWEEN: 1. TIBERIUS NYAKUNDI S/O MOKAYA, AGED 28 YEARS, R/AT NO 235, J JAYARAM REDDY, KACHARAKANAHALLI, BANGALORE CITY, KARNATAKA, CITIZEN OF KENYA …PETITIONER (BY SRI.NISHIT KUMAR SHETTY., ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER, BANASAWADI POLICE STATION, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE 560001 …RESPONDENT (BY SRI.K.NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.C.NO.841/2023 (CR.NO.20/2023 OF BANASAWADI Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9135 CRL.P No. 13167 of 2024 POLICE STATION) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 22(c), 8(c) OF NDPS ACT 1985 AND UNDER SECTION 14 OF FOREIGNERS ACT, 1946, PENDING ON THE FILE OF XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE (NDPS) (CCH-33) BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER This is a successive bail petition filed by petitioner/accused No.1 in Spl.C.C.No.841/2023 pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru arising out of Crime No.20/2023 registered by Banasawadi Police Station, Bengaluru City, for the offence punishable under Section 22(c), 8(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, 'NDPS Act') and Section 14 of Foreigners Act, 1946. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that petitioner is in custody from 17.01.2023. Though charge - 3 - NC: 2025:KHC:9135 CRL.P No. 13167 of 2024 has been framed in the present case, the trial has not yet commenced. He submits that the trial is not likely to commence in the present case and considering the period of incarceration of the petitioner, his bail application may be allowed. 4. Per contra, learned High Court Government Pleader submits that the petitioner’s earlier bail applications were rejected by this Court on merit. The prosecution has cited only 13 charge sheet witnesses in the present case and efforts shall be made to complete the trial within a period of six months. He submits that the petitioner who is a foreigner has no valid documents to stay in India and therefore he cannot be released on bail and permitted to roam around in the country. He accordingly prays to dismiss the petition. 5. Petitioner’s earlier bail application filed before this Court in Crl.P.No.6654/2024 was dismissed on merits by this Court considering the fact that the contraband article seized in the present case is of commercial quantity - 4 - NC: 2025:KHC:9135 CRL.P No. 13167 of 2024 and the petitioner who had arrived in India in the year 2013 under a student visa, which was valid only for a period of four years had thereafter overstayed in India without valid visa. It was also noted that the petitioner did not have a valid passport. It is under these circumstances, his bail application was rejected earlier. 6. Learned counsel for the petitioner has now raised a contention that even though the petitioner is in custody for the last more than 2 years, the trial in the case is not commenced and considering the period of petitioner’s incarceration, he prays to allow the petition. 7. Per contra, learned High Court Government Pleader had made a submission that efforts shall be made to conclude the trial within a period of six months from today. 8. Since the charge has been already framed and majority of the charge sheet witnesses are all official witnesses and considering the aforesaid submissions, I am - 5 - NC: 2025:KHC:9135 CRL.P No. 13167 of 2024 of the opinion that, if a request is made to the Trial Court to expedite the trial in the case and dispose off the main case within a period of six months, the same would serve the ends of justice. Accordingly, the following: ORDER Petition is disposed of with a request to the Trial Court to conclude trial in Spl.C.C.No.841/2023 arising out of Crime No.20/2023, registered by Banasawadi Police Station, Bengaluru City for the offence punishable under Section 22(c), 8(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 and Section 14 of Foreigners Act, 1946 as expeditiously as possible, but not later than a period of six months from the next date of hearing before the Trial Court. SD/- (S VISHWAJITH SHETTY) JUDGE NC List No.: 1 Sl No.: 52