- 1 - HC-KAR NC: 2025:KHC:27056 CRL.P No. 10195 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10195 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MR ARJAV DEEPAK MEHTA, AGED ABOUT 31 YEARS, S/O MEHTA DEEPAK RAMANIKLAL, R/AT PRAYAG MANSION, FLAT NO. 503, 5TH FLOOR, B NO. 37, NO.2, 1ST MAIN, B BLOCK, VINAYAKNAGAR KONENA AGRAHARA BENGALURU – 560 017 …PETITIONER (BY SRI. ANOOP HARANAHALLI FOR SRI. SRINIVAS RAO S. S., ADVOCATES) AND: 1. STATE OF KARNATAKA JEEVAN BHEEMANAGAR PS REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SRI R. VIRUPAKSHASWAMY POLICE INSPECTOR C.C.B. (W AND N WING) N.T.PETE, BENGALURU – 560 002 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1 & R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 15.07.2025 PASSED BY THE XXXII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES AT BENGALURU IN SPL.CC NO.859/2022. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27056 CRL.P No. 10195 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ Wherefore, this Hon’ble Court may be pleased to set aside the order dated: 15.07.2025 passed by the XXXII Additional City Civil and Sessions, Judge and Special Judge for NDPS cases at Bengaluru Spl.C.C.No.859/2022, in the interest of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for respondents and perused the material on record. 3. The material on record will indicate that the petitioner is an accused in Spl.C.C.No.859/2022 arising out of Crime No.269/2020 registered by the 1st respondent – Police for offences punishable under Sections 20(b), 8(c) and 22(c) of the NDPS Act and the same is pending before XXXIII Addl.City Civil and Sessions Judge and Spl.Judge, Bangalore. On 11.08.2024, the trial court issued NBW as against the petitioner, who appeared before the trial court on 15.07.2025 and filed an application under Section 70(2) Cr.P.C. seeking recalling of the NEW issued against him. By - 3 - HC-KAR NC: 2025:KHC:27056 CRL.P No. 10195 of 2025 the impugned order dated 15.07.2025, the trial court proceeded to reject the application, pursuant to which, the petitioner having been taken to judicial custody, he is before this Court by way of the present petition assailing the impugned order passed by the trial court. 4. A perusal of the material on record, in particular, the impugned order will indicate that though the petitioner had filed an application assigning reasons as to why the NBW issued against him is to be recalled, the trial court proceeded to reject the application without providing sufficient and reasonable opportunity of hearing the petitioner and his counsel and non-speaking, unreasoned, cryptic and laconic order was passed without assigning any reasons by the trial court, which deserves to be set aside and the application filed by the petitioner for recalling of NBW is to be allowed and the petitioner is directed to be released from judicial custody immediately without any delay. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. - 4 - HC-KAR NC: 2025:KHC:27056 CRL.P No. 10195 of 2025 (ii) The impugned order dated 15.07.2025 passed in Spl.C.C.No.859/2022 by the trial court is hereby set aside. (iii) The application dated 15.07.2025 filed by the petitioner under Section 70(2) Cr.P.C.is hereby allowed and NBW issued against the petitioner by the trial court is hereby recalled. (iv) In view of recalling of NBW issued against the petitioner, the respondents as well as the concerned Jail authorities are directed to release the petitioner forthwith without any delay. Registry is directed to communicate this order to the respondents - Police as well as the concerned Jail Authorities forthwith without any delay both electronically and telephonically to enable immediate implementation of this order. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.