Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 67798 (KAR)

TAPAS KUMAR MOHANTY, v. STATE OF KARNATAKA BY

CRL.P/11342/2025 · 2025-09-10

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35693 CRL.P No. 11342 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11342 OF 2025 BETWEEN: TAPAS KUMAR MOHANTY, S/O SARAT KUMAR MOHANTY, AGED ABOUT 35 YEARS, R/AT BHUISAHA, BRAHMANGAN, BASUDENPUR, ODISHA - 756 165. AND PRESENT ADDRESS: R/AT 14TH CROSS, HOSA ROAD, PARAPPANA AGRAHARA, BENGALURU-560 100. …PETITIONER (BY SRI. RAJASHEKAR R V, ADVOCATE) AND: STATE OF KARNATAKA BY GOVINDHARAJNAGARA POLICE, BENGALURU-560 040. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI R RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.No.251/2025 OF GOVINDARAJANAGARA POLICE, FOR THE OFFENCES P/U/S 20(b),8(c) OF NDPS ACT, PENDING ON THE FILE OF THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35693 CRL.P No. 11342 of 2025 XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-33). THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/sole accused is seeking bail in Cr.No.251/2025 of Govindaraja Nagar Police Station registered for the offence punishable under Section 20(b), 8(c) of the NDPS Act, 1985. 2. Heard both sides and perused the material on record. 3. In the complaint lodged by HC-11450 of Govindaraja Nagar Police station, it is averred that on 25.06.2025 at about 12.30 p.m., a credible information was received that a person aged between 30-35 years is trying to sell Ganja near Sangolli Rayanna Park, Kanakanagara, Marenahalli, Bengaluru City. After registering a case, the police along with panchas went to - 3 - HC-KAR NC: 2025:KHC:35693 CRL.P No. 11342 of 2025 the spot and apprehended the petitioner. From his possession 6 kgs 680 gms of Ganja concealed in a black colour bag was seized. 4. Learned HCGP contended that Ganja was seized in the presence of panchas under a mahazar and therefore, there is prima-facie case against the petitioner and he, being a resident of Odisha State, if released on bail, may flee from justice and commit similar offence. 5. Petitioner claims to be innocent. It is contended by the learned counsel for petitioner that a false case has been registered against the petitioner. He submitted that Ganja seized in this case is not a commercial quantity, petitioner has no criminal antecedents and he is residing in Bangalore for the past 4 years at the address shown in the cause-title. He submits that, petitioner is ready and willing to furnish local sureties. 6. The Ganja alleged to have been seized from the petitioner is not a commercial quantity. Petitioner has - 4 - HC-KAR NC: 2025:KHC:35693 CRL.P No. 11342 of 2025 been interrogated. He is not required for further interrogation. Investigation is completed and charge sheet is filed. Petitioner has no criminal antecedents. He is said to be residing in the address shown in the cause-title. He has undertaken to furnish local sureties. His further detention in the custody may not be required. Hence, by imposing necessary conditions, relief sought in the petition can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused in Crime No.251/2025 of Govindarajanagar Police Station shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties out of which one shall be a local surety, to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform - 5 - HC-KAR NC: 2025:KHC:35693 CRL.P No. 11342 of 2025 the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing similar offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 51