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2026 DAILYLAW 33151 (KAR)

SACHIN KUMAR JHA v. STATE BY

CRL.P/5816/2026 · 2026-08-18

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010266412026 NC: 2026:KHC:44246 CRL.P No. 5816 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5816 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SACHIN KUMAR JHA S/O.AJAY KUMAR JHA, AGED ABOUT 32 YEARS, R/AT PLOT NO 7B, GALI NO 2, VIPIN GARDEN EXTENSION, MOHAN GARDEN, UTTAMNAGAR, DELHI - 110059. …PETITIONER (BY SRI. PRASANNA RAO R., ADVOCATE) AND: STATE BY NCB, BZU P S REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SMT. ANUPARNA BORDOLOI., CGC) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER (ACCUSED NO.1) ON BAIL IN NCB CR.NO.48/1/5/2023/BZU OF RESPONDENT NCB, BZU, PENDING ON THE FILE OF THE HONBLE ADDL CITY CIVIL AND SESSIONS JUDGE (CCH-33) IN SPL.C.C.NO.1893/2023 FOR THE ALLEGED OFFENCE P/US/8(C),21(C),22(c),27-A,28,29 OF NDPS ACT. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010266412026 NC: 2026:KHC:44246 CRL.P No. 5816 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Spl.C.C.No.1893/2023 pending before the Court of XXXIII Addl. City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of NCB F.No.48/1/5/2023/BZU registered by the respondent for the offence punishable under Sections 8(c), 21(c), 22(c), 27A, 28 and 29 of NDPS Act, 1985, is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned CGC appearing for the respondent. 3. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner, who has no other criminal antecedents, is in custody from 17.03.2023 onwards. He submits that - 3 - HC-KAR CNR: KAHC010266412026 NC: 2026:KHC:44246 CRL.P No. 5816 of 2026 though charges are framed in this present petition, not even a single witness has been examined till date before the Trial Court. 4. Learned counsel appearing for respondent on instructions submits that, there are only 9 charge sheet witnesses in the present case and the said witnesses on behalf of the respondent shall be examined if six months time is granted. She submits that commercial quantity of contraband article has been seized in the present case from the possession of the petitioner. Accused No.2, who was granted interim bail in the present has thereafter absconded and therefore, the chances of petitioner fleeing away from justice, cannot be ruled out. 5. At this stage, learned counsel for the petitioner submits that the petitioner may be granted liberty to renew his bail application before this Court in the event the trial is not concluded within the period of 6 months - 4 - HC-KAR CNR: KAHC010266412026 NC: 2026:KHC:44246 CRL.P No. 5816 of 2026 from the date, copy of this order is produced before the Trial Court. 6. Submissions made on both sides are placed on record. 7. Accordingly, the criminal petition is dismissed as not pressed with liberty as prayed for. 8. The Trial Court is directed to expedite the trial and dispose of the main case within a period of 6 months from the date copy of this order is produced before the Trial Court, failing which, the petitioner is at liberty to renew his bail application before this Court. Sd/- (S VISHWAJITH SHETTY) JUDGE DM List No.: 1 Sl No.: 30