- 1 - HC-KAR NC: 2026:KHC:136 CRL.P No. 12787 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12787 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: JEAN PAUL S/O KNONGOLO, AGED ABOUT 38 YEARS, R/A NO.151, S.M.RESIDENCY, P AND T LAYOUT, 7TH CROSS, RACENAHALLI, KARANTANAGAR POST, BENGALURU - 560 045 NATIVE OF KECANGA VILLAGE, LUVIMBA AREA, KENSHA CITY CONGO COUNTRY. …PETITIONER (BY SRI. BALAKRISHNA M.R., ADVOCATE) AND: THE STATE OF KARNATAKA BY KUMARASWAMY LAYOUT POLICE STATION BANGALORE CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND RELEASE HIM ON BAIL PENDING TRIAL IN SPL.C.NO.1675/2021 (CRIME NO.6/2021) PENDING ON THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:136 CRL.P No. 12787 of 2025 FILE OF XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BENGALURU REGISTERED BY THE RESPONDENT KUMARASWAMY LAYOUT POLICE, BENGALURU CITY FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 22(c) AND 27(A) OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023, praying to grant bail in Spl.C.No.1675/2021 (Crime No.6/2021 of Kumaraswamy Layout Police Station) pending on the file of XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Benglauru, registered for offences punishable under Sections 22(c) and 27(A) of Narcotic Drugs and Psychotropic Substances Act. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. - 3 - HC-KAR NC: 2026:KHC:136 CRL.P No. 12787 of 2025 3. Learned counsel for petitioner would contend that, the petitioner has been granted statutory bail by order dated 24.09.2021 and he has been released on bail on 01.12.2021. Thereafter the petitioner remained absent. There was communication gap between the petitioner and his counsel and therefore he could not appear before the trial Court. With these, he prayed to allow the petition,. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the petitioner has violated the conditions imposed while granting statutory bail. The petitioner is a resident of Congo/Africa and he has been secured by executing NBW by Immigration Officer in the airport. If the petitioner is again granted bail, there are chances of him flee from the country and not available for trial. With these, he prayed for dismissal of the petition. - 4 - HC-KAR NC: 2026:KHC:136 CRL.P No. 12787 of 2025 5. Having heard the learned counsels appearing for parties, the Court has perused the materials placed on record. 6. The petitioner is accused No.2 facing trial in a Special Case No.1675/2021, registered for offences under Sections 22(c) and 27(A) of NDPS Act, arising out of Crime No.6/2021 of Kumaraswamy Layout Police Station. The petitioner earlier has been granted statutory bail by Order dated 24.09.2021 and he has been released on bail on furnishing surety by order dated 01.12.2021. After filing a charge sheet, a case has been registered against the petitioner in Special Case No.1675/2021. The counsel for petitioner filed exemption petition as the petitioner remained absent for two times. Thereafter, the petitioner remained absent on 11.02.2022 and NBW has been issued against him and notice has been issued to his surety. The petitioner has been secured by executing NBW issued against him on 30.06.2025. It is submitted by the learned Additional State Public Prosecutor that the petitioner has - 5 - HC-KAR NC: 2026:KHC:136 CRL.P No. 12787 of 2025 been arrested in airport by Immigration Officer. The petitioner is a resident of Congo/Africa. If the petitioner is again granted bail, there are chances of him flee from country and not available for trial. The petitioner has violated the conditions imposed earlier while granting statutory bail. There are no reasons furnished for absence of the petitioner from 11.02.2022 to 30.06.2025. The reason furnished that there is a communication gap between the petitioner and his counsel is not acceptable. 7. Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the Criminal petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 36