- 1 - HC-KAR NC: 2025:KHC:37198 CRL.P No. 12217 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12217 OF 2025 BETWEEN: SHAKIB @ SHABBU S/O LATE SULAIMAN/MUSLIM, AGED ABOUT 35 YEARS, R/AT D.NO.2T, 184-G-2, FATHIMA HOUSE NEAR EDGA, 2ND BLOCK, KATIPALLA, MANGALORE CITY, D.K.-575 030. …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: STATE OF KARNATAKA BY SURATHKAL PS, BY SPP HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THE CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING ALLOW THIS PETITION AND RELEASE THE PETITIONER ON BAIL IN SPL.CASE.NO.84/2024 REGISTERED IN CRIME NO.70/2023 REGISTERED BY THE SURATHKAL POLICE STATION, ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(c), 22(c), 25 OF NDPS ACT 1985 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37198 CRL.P No. 12217 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner was granted bail by this Court in Crl.P No.8184/2024 by an order dated 27.08.2024 in connection with a case registered in Crime No.70/2023 of Surathkal Police Station, for the offence punishable under Section 8(c), 21(c) of NDPS Act, 1985, r/w 34 of IPC. 2. The material on record reveals that on 07.10.2024, petitioner offered surety and he was released on bail. On 09.10.2024, he was absent before the trial Court. Application seeking exemption was rejected and NBW was issued against him. He was secured on 13.06.2025 and in judicial custody since then. 3. Learned Sessions Judge has rejected the bail petition on the ground that petitioner has violated the condition by not appearing before the Court without any valid reasons. The reasons assigned by the learned - 3 - HC-KAR NC: 2025:KHC:37198 CRL.P No. 12217 of 2025 Sessions Judge cannot be said to be erroneous. In spite of a specific condition imposed by this Court, directing the petitioner to appear regularly before the trial Court on all the dates of hearing, he remained absent and secured under NBW after a lapse of more than six months. However, keeping in view that the petitioner was granted bail by this Court and he remained absent on one date of hearing and since, now he has undertaken to appear before the trial Court regularly, relief sought in the petition can be granted by directing the petitioner to furnish fresh sureties. 4. It is submitted by the learned counsel for petitioner that the notice has been issued to the surety holder. If any proceedings are initiated to recover the bond amount, the same shall be dealt independently. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC:37198 CRL.P No. 12217 of 2025 ORDER i. Petition is allowed. ii. Petitioner/accused No.1 in Spl.C.No.84/2024 pending before the Court of Principal District and Sessions Judge, D.K., Mangalore (Crime No.70/2023 of Surathkal Police Station, Mangaluru City) is ordered to be released on bail, subject to following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court. b) He shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons. c) He shall not directly or indirectly threaten or tamper with the prosecution witnesses. d) He shall not engage in any criminal offence. - 5 - HC-KAR NC: 2025:KHC:37198 CRL.P No. 12217 of 2025 e) He shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 43