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2026 DAILYLAW 49711 (KAR)

SRI HAFEEZ ALIAS ABHI ALIAS MOIDEEN v. STATE BY

CRL.P/11247/2025 · 2026-01-09

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1249 CRL.P No. 11247 of 2025 C/W CRL.P No. 11295 of 2025 CRL.P No. 11311 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. 11247 OF 2025 C/W CRIMINAL PETITION NO. 11295 OF 2025 CRIMINAL PETITION NO. 11311 OF 2025 IN CRL.P No. 11247/2025 BETWEEN: SRI. HAFEEZ @ ABHI @ MOIDEEN S/O ISMAIL AGED ABOUT 39 YEARS R/AT MISHRIYA MANJIL TOUDUGOLI CROSS NARIMANGANA BANTWALA TALUK D.K - 574 211. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE FOR SRI. ASHOK KUMAR SHETTY K, ADVOCATE) AND: STATE BY EAST AND WEST POLICE STATION REPRESENTD BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1249 CRL.P No. 11247 of 2025 C/W CRL.P No. 11295 of 2025 CRL.P No. 11311 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER DTD 06.12.2024 MADE IN SPL.C.C.NO.184/2020 (CR.NO.41/19 OF E AND N CRIME P.S. MANGALORE CITY) CANCELLING THE BAIL AND REGISTRATION OF SEPARATE MISCELLANEOUS AGAINST THE PETITIONER AND HIS SURITY BY THE TRIAL COURT PRL. SESSIONS AND SPECIAL JUDGE, D.K., MANGALURU. IN CRL.P NO. 11295/2025 BETWEEN: SRI. HAFEEZ @ ABHI @ MOIDEEN S/O ISMAIL AGED ABOUT 39 YEARS R/AT MISHRIYA MANJIL TOUDUGOLI CROSS NARIMANGANA BANTWALA TALUK D.K - 574 211. ...PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE FOR SRI. ASHOK KUMAR SHETTY K, ADVOCATE) AND: STATE BY ULLALA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, 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 06.12.2024 MADE IN SPL.CC NO.34/2022 FOR THE OFFENCE P/U/S 8(c), 20(b) (ii)(B),31 of NDPS ACT R/W 34 OF IPC CANCELLING THE BAIL AND REGISTRATION OF - 3 - HC-KAR NC: 2026:KHC:1249 CRL.P No. 11247 of 2025 C/W CRL.P No. 11295 of 2025 CRL.P No. 11311 of 2025 SEPARATE MISCELLANEOUS AGAINST THE PETITIONER AND HIS SURITY BY THE PRL.SESSIONS JUDGE AND SPECIAL JUDGE, D.K MANGALURU. IN CRL.P NO. 11311/2025 BETWEEN: SRI. HAFEEZ @ ABHI @ MOIDEEN S/O ISMAIL AGED ABOUT 39 YEARS R/AT MISHRIYA MANJIL TOUDUGOLI CROSS NARIMANGANA BANTWALA TALUK D.K - 575 018. ...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 BUILDINGS, BENGALURU - 560 001. ...RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER DATED 06.12.2024 MADE IN SPL.C.C.NO.147/2024 (CR.NO.35/19 OF KONAJE P.S) CANCELLING THE BAIL AND REGISTRATION OF SEPARATE MISCELLANEOUS AGAINST THE PETITIONER AND HIS SURETY BY THE TRIAL COURT PRL.SESSIONS AND SPL.JUDGE D.K MANGALURU. - 4 - HC-KAR NC: 2026:KHC:1249 CRL.P No. 11247 of 2025 C/W CRL.P No. 11295 of 2025 CRL.P No. 11311 of 2025 THESE PETITIONS, COMING ON FOR ADMISSION, 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 13.11.2024. 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.184/2020 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. 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. - 5 - HC-KAR NC: 2026:KHC:1249 CRL.P No. 11247 of 2025 C/W CRL.P No. 11295 of 2025 CRL.P No. 11311 of 2025 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 three petitions have sprang. 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 - HC-KAR NC: 2026:KHC:1249 CRL.P No. 11247 of 2025 C/W CRL.P No. 11295 of 2025 CRL.P No. 11311 of 2025 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 petitions are disposed. (ii) The order impugned in the subject petitions stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 22