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2025 DAILYLAW 47604 (KAR)

JAMEERAHMAD S/O ABDULKHADAR PATAVEGAR v. THE STATE OF KARNATAKA

CRL.P/101889/2025 · 2025-05-22

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:7221 CRL.P No. 101889 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO.101889 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: JAMEERAHMAD S/O. ABDULKHADAR PATAVEGAR AGE: 26 YEARS, OCC: COOLIE, R/O. LAKSAR BAZAR, SAVANUR, TQ: SAVANOOR, DIST: HAVERI-581118. …PETITIONER (BY SRI. BANAKAR VEERABHADRAPPA MAHADEVAPPA, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR, THROUGH ADUR P.S. HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRPC (U/SEC. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL, IN CONNECTION WITH ADUR PS CR.NO.57/2025, PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE HAVERI, REGISTERED FOR THE OFFENCES P/U/SEC. 20(b) (ii) (B) OF NDPS ACT 1985, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.23 10:41:34 +0530 - 2 - NC: 2025:KHC-D:7221 CRL.P No. 101889 of 2025 ORAL ORDER 1. This petition is filed invoking Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’). 2. The petition is filed by accused No.3 in Crime No.57/2025 registered before the Adur Police Station. 3. The aforementioned case is registered for the alleged offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’). 4. Contents of the complaint would reveal that the aforementioned case is registered by the Police on the basis of the information said to have been received through telephone from credible source. 5. Prosecution claims that based on the information received through telephone, the vehicle bearing registration No.KA-17/C-2628 was intercepted and ganja was seized from six persons, who were traveling the said vehicle. The learned Sessions Judge has rejected the bail application filed by the petitioner. - 3 - NC: 2025:KHC-D:7221 CRL.P No. 101889 of 2025 6. Learned counsel for the petitioner submitted that the petitioner is not named in the complaint and no material is recovered from the complaint. However, a false case had registered against the petitioner. 7. It is the further submission of the learned counsel for the petitioner that the bail is granted in favour of other persons named in the FIR in Crl.P.No.101803/2025 as well as Crl.P.Nos.101859/2025 and 101685/2025. 8. He would further submit that the present petitioner is similarly placed as other petitioners and his name is not found in the original complaint. 9. Learned High Court Government Pleader for respondent-State would oppose the bail application on the premise that the ganja was seized and mahazer is drawn for having seized the ganja from the petitioner and the other accused. 10. This Court has considered the contentions raised in the bar and perused the records. - 4 - NC: 2025:KHC-D:7221 CRL.P No. 101889 of 2025 11. It is noticed from the complaint that the present petitioner is not named in the complaint. The vehicle referred to above, is seized based on the credible information said to have received by the Police. 12. It is not in dispute that accused Nos.2, 4, 5 and 6 have already been enlarged on bail. The petitioner is similarly placed as other accused who are granted bail. Considering the nature of the offence, this Court is of the considered opinion that the custodial interrogation is not required. 13. Under these circumstances, this Court is of the view that the accused No.3 is entitled to be released on bail subject to certain conditions. Hence, the following: ORDER The petitioner/accused No.3 in Adur Police Crime No.57/2025, pending on the file of the Sessions Judge, Haveri, be enlarged subject to the following conditions: i) The petitioner/accused No.3 shall execute a self bond for a sum of ₹1,00,000/- (Rupees - 5 - NC: 2025:KHC-D:7221 CRL.P No. 101889 of 2025 one Lakh only) and two sureties for the like sum to the satisfaction of the trial Court. ii) The petitioner/accused No.3 shall make himself available for interrogation by Police Officer as and when required. iii) The petitioner/accused No.3 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any Police Officer. iv) The petitioner/accused No.3 shall not tamper the prosecution witnesses in any manner. Sd/- (ANANT RAMANATH HEGDE) JUDGE AC Ct:vh List No.: 1 Sl No.: 13