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2025 DAILYLAW 4114 (KAR)

SHRI. AJRUDDIN S/O MEHABOOB SAB GADAD v. THE STATE OF KARNATAKA

CRL.P/100970/2025 · 2025-03-19

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5057 CRL.P No. 100970 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100970 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI AJRUDDIN S/O. MEHABOOB SAB GADAD, AGE: 41 YEARS, OCC. DRIVER, R/O. KASTURBA NAGAR, SIRSI TALUK, DIST. UTTARA KANNADA-581401. (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH BHATKAL TOWN POLICE STATION) R/BY. THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON BAIL WHO IS ARRAYED AS ACCUSED NO.3 IN SPL.CASE NO. 05/2025, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE UTTAR KANNADA, KARWAR, IN CONNECTION WITH BHATKAL TOWN P.S. CRIME NO. 129/2024, FOR THE OFFENCES P/U/SECTIONS 8(C) AND 20(B)(ii)(B) OF NDPS ACT 1985. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.20 12:24:07 +0530 - 2 - NC: 2025:KHC-D:5057 CRL.P No. 100970 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri R.H.Angadi, learned counsel for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State 2. Bail request by the accused No.3 in the petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) is as follows: “To allow the petition and enlarge the petitioner on bail who is arrayed as accused No.3 in Spl.Case No. 05/2025, pending on the file of Principal District And Sessions Judge Uttar Kannada, Karwar, in connection with Bhatkal town P.S. Crime No. 129/2024, for the offences punishable under Sections 8(C) and 20(B)(ii)(B) of NDPS act 1985.” 3. Gist of the prosecution case is that on credible information, head of the raid party was able to intercept the vehicle bearing No.KA-51/AB-8802 and recovered - 3 - NC: 2025:KHC-D:5057 CRL.P No. 100970 of 2025 9Kgs 171 grams of ganja from the said car. After thorough investigation, charge sheet came to be filed. 4. Present petitioner is the driver of the car. Taking note of the fact that the seized ganja is intermediary quantity and also taking note of the fact that the accused petitioner does not have any criminal antecedents, the bail request can be accepted by imposing suitable and stringent conditions. 5. Further filing of the charge sheet is a relevant factor and continuation of the accused in judicial custody is no longer warranted as he is in custody since 10.11.2024.. 6. Accordingly, following order. ORDER (i) Petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. (iii) Petitioner shall attend the Court regularly. - 4 - NC: 2025:KHC-D:5057 CRL.P No. 100970 of 2025 (iv) Petitioner shall not tamper the prosecution witnesses in any manner. (v) Petitioner shall not leave the Uttara Kannada Karwar jurisdiction without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 1 SL NO.: 21