Karnataka High Court
Sayyad Mohammad @ Sayyad Mohammad Nasim vs The State Of Karnataka on 29 May, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:18111
CRL.P No. 4426 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL PETITION NO. 4426 OF 2024
BETWEEN:
1. SAYYAD MOHAMMAD
@ SAYYAD MOHAMMAD NASIM
S/O ABDUL AZEEZ,
AGED ABOUT 31 YEARS,
PERMANENTLY
R/AT MASJID COTTAGE,
KARVOOR HOUSE,
MANNAM KUJI, UPPALA
KASARGOD
MANJESHWARA TALUK,
KERALA STATE.
PRESENTLY
R/AT ABDULLA MANZIL,
Digitally signed
by DEVIKA M VENKATESHWARA LAYOUT,
Location: HIGH NEAR HANAFI MANSJID,
COURT OF GOWDA SAMAJA,
KARNATAKA KUSHALA NAGARA,
KODAGU DISTRICT-571 234.
...PETITIONER
(BY SRI. LETHIF B., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ECONOMIC AND NATCOTIC
CRIME POLICE STATION,
MANGALURU CITY
REPPRESENTED BY SPP,
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NC: 2024:KHC:18111
CRL.P No. 4426 of 2024
HIGH COURT OF KARNATAKA,
ANNEXURE TO COURT BUILDING,
BANGALORE -560 001.
...RESPONDENT
(BY SRI. K.NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE CR.NO.30/2021 REGISTERED IN E AND N CRIME POLICE
STATION, MANGALURU CITY DISTRICT, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 8(c), 20(b)(ii)(C) OF NDPS ACT
AND SECTIONS 4 AND 25(1B)(b) OF ARMS ACT AND SECTION
201 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the
learned High Court Government Pleader appearing for the
respondent-State.
2. This is a successive bail petition filed under
Section 439 of Cr.P.C seeking regular bail of the
petitioner/accused No.5 in Crime No.30/2021
(Spl.c.No.32/2022) of Economic and Narcotic Crime (CEN)
Police Station, Mangaluru COP, Mangaluru City for the
offence punishable under Sections 8(c), 20(b) (ii) (C) of
NDPS Act and Section 4 and 25(1B)(b) of Arms Act and
NC: 2024:KHC:18111
section 201 R/w 34 of IPC. This petitioner has approached
earlier this Court seeking for bail by filing
Crl.P.No.3484/2022 and same was rejected on 07.06.2022
and one more petition is filed in Crl.P.No.10123/2022 and
the same was rejected on 11.01.2023. Now, the present
successive bail petition is filed on the ground that accused
Nos.1 to 4 have already enlarged on bail.
3. The counsel would vehemently contend that
this Court granted bail in respect of accused Nos.1 and 3
in Crl.P.No.430/2024 C/w Crl.P.No.714/2024 relying upon
the judgment of the Apex Court in case of Rabi Prakash
V/s State of Odisha reported in 2023 SCC Online SC
1109 where 247 kgs ganja was recovered form the truck
in which the accused was traveling and an observation is
made by the Apex Court that when the trial is not been
commenced for a longer period, the same is nothing but
incarceration suffered by the accused. This Court granted
bail in favour of accused Nos.1 and 3 relying upon the said
judgment and similar allegation are made against this
NC: 2024:KHC:18111
petitioner who is accused No.5. This Court by the Co-
ordinate bench in Crl.P.No.10343/2023 C/w Crl.P.No.
9828/2023 also exercised the discretion in favour of
accused Nos.2 and 4 and when such being the factual
aspects and circumstances. This petitioner is also entitled
for bail on the ground of parity since charge has not been
framed and case is set-down for hearing before charge
inspite of this petitioner is in custody from last 3 years.
Hence, it is a fit case to exercise the discretion in favour of
the petitioner under Section 439 of Cr.P.C.
6. In view of the discussions made above, I pass
the following:
ORDER
The criminal petition is allowed. Consequently, the
petitioner/accused No.5 shall be released on bail in
connection with Crime No.30/2021 of CEN Crime Police
Station, Mangaluru, D.K. for the offence punishable under
Section 8(c), 20(b)(ii)(C) of NDPS Act and Section 4 and
25(1B) (b) of ARMS Act and Section 201 read with Section
34 of IPC, subject to the following conditions:
NC: 2024:KHC:18111
(i) The petitioner shall execute personal
bonds for a sum of Rs.2,00,000/- (Rupees
Two Lakhs only) with two sureties for the
like-sum to the satisfaction of the
jurisdictional Court.
(ii) The petitioner shall not indulge in
tampering the prosecution witnesses.
(iii) The petitioner shall appear before the
jurisdictional Court on all the future
hearing dates, unless exempted by the
Court for any genuine cause.
(iv) The petitioner shall not leave the
jurisdiction of the Trial Court without prior
permission of the Court till the case
registered against him is disposed of.
Sd/-
JUDGE
RHS
