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2026 DAILYLAW 33963 (KAR)

KAKRA RAJESH v. STATE OF KARNATAKA

CRL.P/8990/2026 · 2026-08-19

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010419382026 NC: 2026:KHC:44850 CRL.P No. 8990 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8990 OF 2026 BETWEEN: KAKRA RAJESH S/O BENNAYYA AGED ABOUT 20 YEARS, R/AT NO.1-44, GOLIGUNDA MANDALAM, GUNDUPALAVI,SAKHAPATNAM, ANDHRA PRADESH. …PETITIONER (BY SRI. D.G.SREENIVASA KUMAR.,ADVOCATE) AND: STATE OF KARNATAKA BY BYAPPANAHALLI RAILWAY POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENT (BY SMT. RASHMI, JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL ARISING OUT OF CR.NO.67/2024 (SPL.C.NO.177/2025) REGISTERED BY THE RESPONDENT IN BYAPPANAHALLI RAILWAY P.S., FOR THE OFFENCE P/U/S 20(B)(ii)(c) OF NDPS ACT, 1985, PENDING BEFORE THE HONBLE XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010419382026 NC: 2026:KHC:44850 CRL.P No. 8990 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in Special Case No.177 of 2025 pending before the Court of XXXIV Additional City Civil and Sessions Judge & Special Judge, Bengaluru arising out of Crime No.67 of 2024 registered by Byappanahalli Railway Police Station, Bengaluru for offence punishable under Section 20(b)(ii)(C) of NDPS Act, 1985 is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.67 of 2024 was registered by Byappanahalli Railway Police Station, Bengaluru against one Shaik Vazeer Sulthan and petitioner herein, based on the first information dated 23.10.2024 received from Sri Govindappa, Police officer attached to Byappanahalli Railway Police Station. In the said case, petitioner was arrested along with accused no.1 on 23.10.2024 and remanded to judicial custody. After completing investigation, charge sheet was filed against - 3 - HC-KAR CNR: KAHC010419382026 NC: 2026:KHC:44850 CRL.P No. 8990 of 2026 accused nos.1 and 2 and their bail application was rejected by the Trial Court. Therefore, they had earlier approached this Court in Criminal Petition No.5994 of 2025 which was dismissed as withdrawn on 16.07.2025. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner brings to the notice of this Court that seizure of contraband article is from the possession of accused nos.1 and 2. Accused no.1 is now granted regular bail by the Hon'ble Supreme Court in Special Leave Petition (Criminal) No.11359 of 2026 dated 14.08.2026. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor, who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 6. Perusal of the material on record would go to show that, allegation as against the petitioner and accused no.1 - - 4 - HC-KAR CNR: KAHC010419382026 NC: 2026:KHC:44850 CRL.P No. 8990 of 2026 Shaik Vazeer Sulthan is similar in the charge sheet. They also were arrested on the same day and remanded to judicial custody. Accused no.1 has been granted regular bail by the Hon'ble Supreme Court in Special Leave Petition (Criminal) No.11359 of 2026 vide order dated 14.08.2026. Under the circumstances, even the petitioner is entitled for the relief sought for in this petition on the ground of parity. Accordingly, the following :- ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special Case No.177 of 2025 pending before the Court of XXXIV Additional City Civil and Sessions Judge & Special Judge, Bengaluru arising out of Crime No.67 of 2024 registered by Byappanahalli Railway Police Station, Bengaluru for offence punishable under Section 20(b)(ii)(C) of NDPS Act, 1985, subject to the following conditions:- a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh - 5 - HC-KAR CNR: KAHC010419382026 NC: 2026:KHC:44850 CRL.P No. 8990 of 2026 only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 56