SRI MOOGAIAH @ THATHA @ MADAIAH K v. STATE OF KARNATAKA
CRL.P/13181/2025 · 2025-09-26
Mohammad Nawaz
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56951 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56951 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39144 CRL.P No. 13181 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.13181 OF 2025
BETWEEN:
SRI MOOGAIAH @ THATHA @ MADAIAH K.
S/O. KULLA ANKEGOWDA AGED ABOUT 63 YEARS R/AT HOSAHONAGANADODDI VILLAGE CHIKKAMUDUVADI DAKHALE KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117. …PETITIONER (BY MISS. SWATHI R. BHAT, ADVOCATE FOR SMT. JAYANTHI R., ADVOCATE)
AND:
STATE OF KARNATAKA BY INSPECTOR OF POLICE IJOOR POLICE STATION RAMANAGARA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 …RESPONDENT (BY SRI K. NAGESHWARAPPA, H.C.G.P.)
THIS CRIMINAL PETITION IS FIELD UNDER SECTION 439 CR.P.C. (FILED UNDER SECTION 483 BNSS) PRAYING TO PLEASED TO ALLOW THIS PETITION AND RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.10/2025
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:39144 CRL.P No. 13181 of 2025
(SPECIAL CASE NO.99/2025) REGISTERED BY THE IJOOR, POLICE STATION, RAMANAGARA FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(B) OF NDPS ACT 1985, PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is arraigned as accused No.1 in Cr.No.10/2025 registered by Ijoor Police, for the offence punishable under Section 20(b)(ii)B of NDPS Act, 1985.
2. Investigation is completed and charge sheet is filed.
3. Ganja weighing about 1 kg 200 gms is alleged to have been seized from accused No.2 on 05.02.2025, while the said accused was intending to sell it near Rangarayaradoddi, Ramanagara Town. It is alleged that when he was interrogated, he named the petitioner as the one who sold Ganja to him. Petitioner was arrested on 13.08.2025 and since then, he is in judicial custody.
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HC-KAR NC: 2025:KHC:39144 CRL.P No. 13181 of 2025
4. Learned Sessions Judge has dismissed the prayer for bail on the ground that petitioner is involved in similar offences earlier and even after obtaining bail, he has once again committed similar offence.
5. Involvement of the petitioner in similar offences itself is not a ground to reject the prayer for bail, when there is no prima-facie material against him in the present case, except for the confessional statement of accused No.2. Admittedly, after arrest of the petitioner, no Ganja has been recovered. Hence, his further detention in custody in this case is unwarranted. Accordingly, the following:
ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.10/2025 of Ijoor Police Station, Ramanagara, shall be enlarged on bail, subject to following conditions:
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HC-KAR NC: 2025:KHC:39144 CRL.P No. 13181 of 2025
1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address.
3. He shall not tamper with the prosecution witnesses either directly or indirectly.
4. He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE
DKB List No.: 1 Sl No.: 16