- 1 - HC-KAR NC: 2026:KHC:2101 CRL.P No. 11296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11296 OF 2025 BETWEEN: MOIDEEN HAFEEZ @ ABHI S/O K.H.ISMAIL AGED ABOUT 39 YEARS, R/AT MAISHRIYA MANJIL TOUDUGOLI CROSS, NARIMAGANA BANTWALA TALUK, D.K. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE FOR SRI. ASHOK KUMAR SHETTY K, ADVOCATE) AND: STATE BY KONAJE POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU- 560 001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 05.12.2024 MADE IN SPL.CC NO.67/2024 FOR THE OFFENCE UNDER SEC.8(c), 21, 21(c) OF NDPS ACT CANCELLING THIS Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2101 CRL.P No. 11296 of 2025 BAIL AND REGISTRATION OF SEPARATE MISCELLANEOUS AGAINST THE PETITIONER AND HIS SURETY BY THE PRINCIPAL SESSIONS AND SPECIAL JUDGE, D.K MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 05.12.2024. 2. Heard Smt. Haleema Ameen, learned counsel for Sri. Ashok Kumar Shetty K., learned counsel appearing for the petitioner and Sri. Nageshwarappa, learned High Court Government Pleader appearing for the respondent. 3. The petitioner stood as an accused in Special Case No.67/2024 registered for offences punishable under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. The issue in the lis does not relate to the merit of the matter. The petitioner was enlarged on bail. He failed to offer surety. He was brought before the Court on 13.11.2024. - 3 - HC-KAR NC: 2026:KHC:2101 CRL.P No. 11296 of 2025 On the said date, the concerned Court passes the following order: "Accused 1 to 4 called out. A-1 absent. EP filed. Perused. Same is allowed. PP and counsels for accused are present. The accused No.2 has not furnished surety in spite of grant of bail. Hence bail granted to A-2 has been cancelled and accused taken to custody. For HBC by 05.12.2024. It is brought to the notice of Court that the accused was detained outside the court hall and no police are present in the Court. The accused managed to ran away from the Court premises. Issue NBW to A-2 and send the copy of Order to the Commissioner of Police, Mangaluru for information. Call on 05.12.2024." The petitioner appears to have ran away looking at an opportunity when the police were not next to him. The running away of the petitioner has landed the petitioner back to the prison. He is now in custody. 4. In the light of the aforesaid order, in all the cases where bail was granted to the petitioner has stood cancelled, as it is the effect of the afore-quoted order. Therefore, the petition has sprang. - 4 - HC-KAR NC: 2026:KHC:2101 CRL.P No. 11296 of 2025 5. The learned counsel appearing for the petitioner submits that the petitioner would offer surety if three weeks time is granted and seeks a direction to the concerned Court to consider the bail on offering of such surety. 6. The concerned Court shall consider releasing of the accused in the event surety is offered within 2 weeks from the date of receipt of the copy of this order. 7. In the light of the aforesaid reasons, the following: ORDER (i) The criminal petition is disposed. (ii) The order impugned in the subject petition stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 6