Karnataka High Court
CRL.P/4007/2026 of MUSTAFA Vs THE STATE OF KARNATAKA on 8 April 2026
NC: 2026:KHC:19562 CRL.P No. 4007 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 4007 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: MUSTAFA S/O LATE HANIFF AGED ABOUT 29 YEARS R/O MELINA
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 4007 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
MUSTAFA
S/O LATE HANIFF
AGED ABOUT 29 YEARS
R/O MELINA KUNTIYANA HOUSE
SAMEDA KALAPU POST
PUDUVETTU VILLAGE
BELTHANGADI TALUK
DAKSHIN KANNADA DISTRICT – 575 002
…PETITIONER
(BY SRI. GIRISH B BALADARE., ADVOCATE)
AND:
THE STATE OF KARNATAKA BY
CHIKKAMANAGALURU CEN CRIME
POLICE STATION
CHIKKAMAGALURU DIST – 577 101
REPRESENTED BY
PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE – 560 001
…RESPONDENT
Digitally
signed by
PAVITHRA
N
Location:
High Court
of
Karnataka
HC-KAR
(BY SMT. PUSHPALATHA B., ADDL. SPP)
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING TO
ENLARGE
THE
PETITIONERS
ON
REGULAR
BAIL
IN
CRIME.NO.47/2020
THE
CASE
IS
REGISTERED
BY
CHIKKAMAGALURU
CEN
CRIME
POLICE
STATION,
CHIKKAMAGALURU DIST, FOR THE OFFENCE PUNISHABLE
UNDER SECTION 20(b)(ii)(B) AND 29 OF NARCOTIC DRUGS
AND PSYCHOTROPIC SUBSTANCES ACT, 1985, PENDING ON
THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE AND
SPECIAL JUDGE AT CHIKKAMAGALURU IN SPECIAL CASE
NO.91/2021.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
The petitioner/accused No.1 is before this Court seeking grant of regular bail in Spl.C.No.91/2021, arising out of Crime No.47/2020, pending on the file of Prl. District and Sessions Judge and Special Judge for the offences under Sections 20(b)(ii)(B) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS’).
HC-KAR
2. Heard Sri. Girish B Baladare, learned counsel for the petitioner and Smt. Pushpalatha B, learned Addl.SPP for respondent-State.
3. It is the submission of learned counsel for the petitioner that the petitioner has been granted bail by the Co-ordinate Bench of this Court. After obtaining bail, approached the Trial court completed the formalities. The petitioner due to his ill-health had filed an exemption application under Section 317 of Cr.P.C. The application was dismissed and the matter was posted on 29.12.2025. On 16.02.2026, the petitioner appeared before the Court and filed the bail application. However, the trial Court forfeited the surety bond and remanded the petitioner to judicial custody.
4. It is further submitted that the non-appearance of the petitioner on two occasions was bona fide and not intentional. Therefore, the petition may be allowed and he may be enlarged on bail. Making such submissions, the learned counsel petitioner prays to allow the petition.
HC-KAR
5. The learned Additional State Public Prosecutor for respondent – State vehemently submitted that the alleged offences are heinous in nature. The petitioner had deliberately and intentionally remained absent for two days and NBW was issued. Based on the said warrant, the petitioner appeared before the trial Court. The trial Court has rightly rejected the bail and remanded him to judicial custody. The petitioner had violated conditions imposed by the trial Court is deserved to be in judicial custody till disposal of the case. Making such submission learned Additional State Public Prosecutor for respondent prays to reject the petition.
6. Having heard learned counsel for the respective parties and on perusal of the averments of the order passed by the trial Court, it appears that, the petitioner remained absent for two days. Later, he has appeared before the Trial Court voluntarily and filed an application to recall the NBW. Considering the voluntariness of the petitioner it is appropriate to grant him one more opportunity to appear
HC-KAR
before the Trial Court by granting bail. Hence, I proceed to pass the following:
ORDER
(i) The petition is allowed.
(ii) The petitioner is ordered to be enlarged on bail in Spl.C.No.91/2021, arising out of Crime No.47/2020, pending on the file of Prl. District and Sessions Judge and Special Judge for the aforesaid offences on executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with one surety for the likesum to the satisfaction of the Trial Court.
(iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court.
(iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.
(v) The petitioner shall not indulge in any criminal cases till disposal of the case.
HC-KAR
In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.
Sd/- (S RACHAIAH) JUDGE
JS List No.: 1 Sl No.: 49