Karnataka High Court
Md Azaroddin @ Ajju @ Ajim vs State Through Humnabad on 18 June, 2025
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2025:KHC-K:3171
CRL.P No. 200765 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL PETITION NO.200765 OF 2025
(438(Cr.PC)/482(BNSS))
BETWEEN:
MD. AZARODDIN @ AJJU @ AJIM
S/O LIYAKAT ALI TAMBOLE,
AGE: 38 YEARS, OCC: BUSINESS,
R/O BHUYAR CHINCHOLI, TQ.OMERGA,
DIST. OSMANABAD-413 606.
...PETITIONER
(BY SRI AMEERAHAMAJA ABDULKADAR
GUNNAPUR, ADVOCATE)
Digitally signed
by RENUKA AND:
Location:
HIGH COURT STATE THROUGH HUMNABAD POLICE STATION,
OF
KARNATAKA HUMNABAD, DIST. BIDAR,
REP. BY ADDL. SPP, HIGH COURT OF KARNATAKA,
KALABURAGI BENCH KALABURAGI-585 102.
...RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C
(OLD) U/S 482 OF BNSS (NEW), PRAYING TO GRANT THE
ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO. 1 IN
-2-
NC: 2025:KHC-K:3171
CRL.P No. 200765 of 2025
HC-KAR
HUMNABAD P.S CRIME NO.100/2023, PENDING ON THE FILE
OF PRL. CIVIL JUDGE (JD) AND JMFC COURT HUMNABAD FOR
THE OFFENCES PUNISHABLE U/.SEC. COPTA CIGARETTES AND
OTHER TOBACCO PRODUCTS ACT, 2003 (U/S.7) IPC 1860 U/S
34, 420, 468, 476, 269, 270, 284 AND 336.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA)
Heard Sri Ameerahamaja Abdulkadar Gunnapur,
learned counsel for the petitioner and Sri Jamadar
Shahabuddin, learned High Court Government Pleader for
the respondent - State.
2. Petition under Section 482 of BNSS, 2023 with
the following prayer:
"praying to grant the anticipatory bail to the
petitioner/accused No.1 in Humnabad P.S. Crime
No.100/2023, pending on the file of Prl. Civil Judge
(JD) and JMFC Court, Humnabad for the offences
punishable u/Sec. COPTA Cigarettes and Other
Tobacco Products Act, 2003 (u/S.7) IPC 1860 u/S.
34, 420, 468, 476, 269, 270, 284 and 336."
NC: 2025:KHC-K:3171
HC-KAR
3. Facts in brief, which are utmost necessary for
disposal of the petition are as under:
Sri Mahendrakumar, the Police Sub-Inspector of
Humnabad police station, Bidar lodged a report stating
that he received a credible information that somebody
have indulged in duplicating the 'Pan Masala'. Accordingly,
he formed a raid team comprising of himself, sub-staff and
panch witnesses and proceeded in the Government jeep
bearing No.KA.38/G-373 at about 9.00 p.m. on
24.05.2023 towards the agricultural land bearing Survey
No.219/3 on Chitaguppa-Hudgi road.
3.1 On raiding the group of people, who had
assembled there, the raid team was able to seize spurious
and sub standard raw materials, which were used for the
purpose of duplicating the Pan Masala and seized the
same.
3.2 Based on the report, Humnabad police
registered a case in Crime No.100/2023 on 25.05.2023.
NC: 2025:KHC-K:3171
HC-KAR
Present petitioner is arraigned as accused No.1. Police are
investigating the matter and present petitioner is not
available to the Investigating Agency. He approached the
District Court for grant of anticipatory bail and the learned
Trial Judge by judgment dated 25.03.2025 rejected the
same. Thereafter, the petitioner is before this Court.
4. Learned counsel for the petitioner reiterating
grounds urged in the petition contended that the petitioner
is innocent of the alleged offences and he has been falsely
implicated in this case and sought for grant of anticipatory
bail.
5. Per contra, learned High Court Government
Pleader opposes for grant of anticipatory bail on the
ground that the petitioner is a known criminal and there
are six criminal cases already pending against him.
Therefore, he cannot be termed as a law abiding citizen
and thus, sought for dismissal of the petition.
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HC-KAR
6. Having heard the learned counsel for the
parties, this Court perused the material on record
meticulously.
7. On such perusal of the material on record, it is
crystal clear that the petitioner has failed to furnish the
information with regard to the number of criminal cases
that are pending against him. Thus, it is a clear case of
suppression of material facts.
8. It is pertinent to note that the person, who is
seeking anticipatory bail must be a law abiding citizen
which is a sine qua non for considering special remedy of
anticipatory bail request.
9. In the case on hand, very fact that the
petitioner has suppressed his criminal antecedents and
that itself shows that he is not a law abiding citizen.
According to the prosecution, the petitioner is involved in
six criminal cases and he is not available to the police for
last three years.
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HC-KAR
10. When all these factors were cumulatively
considered, this Court is of the considered opinion that the
petitioner is not entitled for special remedy of grant of
anticipatory bail by resorting the special powers vested in
this Court under Section 482 of BNSS, 2023.
11. Further, it is always open for the petitioner to
surrender before the Trial Court and seek regular bail. If
any such application is filed by the petitioner, the same
shall be considered in accordance with law.
12. With that observation, following:
ORDER
Criminal petition is dismissed.
Sd/-
(V SRISHANANDA)
JUDGE
SRT
CT: AK
