Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 86217 (KAR)

MR SYED CHAND PASHA @ CHAND PASHA @ CHANDUBA @ CHAND v. STATE OF KARNATAKA

CRL.P/2887/2025 · 2025-08-01

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:29771 CRL.P No. 2887 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2887 OF 2025 BETWEEN: MR. SYED CHAND PASHA @ CHAND PASHA @ CHANDUBA @ CHAND S/O SYED AKMAL R/AT NO.13/8, 8TH CROSS 2NDMAIN, VALIMIKNAGAR BANDLE GADISALU MYSORE ROAD BENGALURU - 560 026 (IN JUDICIAL CUSTODY) …PETITIONER (BY SRI B.R. MANJUNATH, ADV., FOR SRI ARUN KUMAR D.N, ADV.) AND: STATE OF KARNATAKA BY CHAMARAJPET POLICE STATION REP BY STATE PUBLIC PROSECUTOR BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.270/2024 FOR THE OFFENCE P/U/S 20(b) OF NDPS ACT OF CHAMARAJPET POLICE STATION PENDING ON THE FILE OF HONBLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT FOR NDPS CASES AT BENGALURU (CCH-33). 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:29771 CRL.P No. 2887 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner / accused No.2 has preferred this petition praying to enlarge him on bail in Crime No.270/2024 registered by Chamarajapet Police Station, Bengaluru City for the offence punishable under Sections 20(b) of Narcotic Drugs & Psychotropic Substances Act, 1985, 2. Heard the learned counsel for petitioner, learned HCGP for the State and perused the material on record. 3. On 07.12.2024 at about 3.00 p.m, Police Sub Inspector of Chamarajapet police station received a credible information that a person wearing black colour shirt is trying to sell Ganja in small plastic covers to the public beside a cement slab compound at a vacant space in Valmiki Nagar. On receiving the said information, he registered a case in Crime No.270/2024 against unknown person and proceeded to the spot and apprehended - 3 - HC-KAR NC: 2025:KHC:29771 CRL.P No. 2887 of 2025 accused No.1. From the said accused 1 kg 255 grams of Ganja was recovered. On the basis of information furnished by the said accused, apprehended petitioner / accused No.2 on 13.12.2024 and 82 grams of Ganja was recovered from his house. 4. Learned HCGP contended that petitioner is a habitual offender involved in similar offences and he is a rowdy sheeter and therefore, if he is released on bail, he may once again commit similar offence and also flee from justice. He therefore, sought to reject petition. 5. Learned counsel for the petitioner contended that petitioner has been falsely implicated in this case and in some of the cases he has been acquitted. In the present case, accused No.1 is already released on bail and petitioner is in custody from 13.12.2024. He submits that charge sheet is already filed and petitioner will undertake to abide by any conditions, which may be imposed by this Court. - 4 - HC-KAR NC: 2025:KHC:29771 CRL.P No. 2887 of 2025 6. From the material on record, it appears that initially accused No.1 was arrested and from his possession 1 kg 255 grams of Ganja was recovered. On the basis of his statement, accused No.2 i.e., petitioner herein was arrested and 82 grams of Ganja was allegedly recovered from his house. 7. It is submitted by learned counsel that petitioner is falsely implicated and in the previous cases registered against him, he has been enlarged on bail. 8. Ganja recovered from the petitioner is small quantity. He was arrested on 13.12.2024. He is in custody since then. Investigation is completed and charge sheet is filed. Accused No.1 is already enlarged on bail. Apprehension of the prosecution can be safeguarded by imposing stringent conditions. Hence, the following: ORDER Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:29771 CRL.P No. 2887 of 2025 Petitioner/accused No.2 in Crime No.270/2024 registered at Chamarajapet Police Station, Bengaluru City shall be released on bail subject to following conditions: a) Petitioner / accused No.2 shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is change in the address. c) He shall not leave the jurisdiction of trial Court without prior permission of the learned Sessions Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on every date of hearing without fail. - 6 - HC-KAR NC: 2025:KHC:29771 CRL.P No. 2887 of 2025 f) He shall mark his attendance at Chamarajapet Police Station, Bengaluru on every Sunday between 10.00 a.m. and 1.00 p.m. for a period of three months. Sd/- (MOHAMMAD NAWAZ) JUDGE NMS