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2025 DAILYLAW 88753 (KAR)

SRI. DAYAL RAM v. STATE OF KARNATAKA

CRL.P/4206/2025 · 2025-07-16

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26332 CRL.P No. 4206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4206 OF 2025 BETWEEN: SRI. DAYAL RAM, S/O HARLAL RAM, AGED ABOUT 38 YEARS, R/AT JAMBHANGAR, KAPARDA, JODHPUR, RAJASTAN - 05. …PETITIONER (BY SRI. HAGED ARAVIND.,ADVOCATE) AND: STATE OF KARNATAKA, BY K.R.PURAM POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS CRL.P AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH CR.NO.64/2021, SPL.C.C.NO.66/2022 (ON THE FILE OF THE LEARNED XXXIII ADDL.DISTRICT AND SESSIONS JUDGE (NDPS) BENGALURU FOR THE ALLEGED OFFENCE P/U/S 8(c), 20(c), 22(c) OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26332 CRL.P No. 4206 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in SPL.C.C.No.66/2022 pending before the Court of XXXIII Additional District and Sessions Judge, (NDPS) Bengaluru, arising out of Crime No.64/2021 registered K.R.Puram Police Station, Bengaluru City, for offence punishable under Sections 8(c), 20(c), 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner after arguing the matter for some time submits that petitioner is in custody from 31.03.2021 onwards and till date only three charge sheet witnesses have been examined before the trial Court. Accordingly, he prays to allow this petition. - 3 - HC-KAR NC: 2025:KHC:26332 CRL.P No. 4206 of 2025 4. Per contra, learned HCGP has opposed the petition. She submits that accused No.4 and 5 are still absconding in the present case. Accused No.3 who was granted interim bail on health reasons is thereafter absconding. Delay in the trial is for the reason that accused persons are not cooperating before the trial Court. There are only 11 charge sheet witnesses cited in the present case and prosecution is making all attempts to examine the other witnesses within a period of four months. Accordingly, she prays to dismiss this petition. 5. Submissions are placed on record. 6. Considering the fact that delay in trial was for the reason that the accused in the present case were not cooperating before the trial Court and also taking into consideration that one of the accused who was granted interim bail is absconding, I am of the view that this is not a case, where the petitioner can be enlarged on bail on the ground of delay in trial. On the other hand, if the trial - 4 - HC-KAR NC: 2025:KHC:26332 CRL.P No. 4206 of 2025 Court is requested to conclude the trial and dispose of the case on merits within a time frame, the same will serve the ends of justice. Accordingly, the following: ORDER The Criminal petition is disposed of with a request to the trial Court to expedite the trial and dispose of the case on merits as expeditiously as possible but not later than a period of six months from the date of receipt of copy of this Order. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 25