Karnataka High Court
CRL.P/14191/2024 of AFROZ PASHA @ AFROZ @ GANJA AFROZ Vs THE STATE OF KARNATAKA on 31 December 2024
2024:KHC:53342 CRL.P No. 14191 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14191 OF 2024 BETWEEN: AFROZ PASHA @ AFROZ @ GANJA AFROZ, S/O LATE SHEIK AMEER JAN, AGED ABOUT 46
Digitally signed byR HEMALATHALocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14191 OF 2024
BETWEEN:
AFROZ PASHA @ AFROZ @ GANJA AFROZ, S/O LATE SHEIK AMEER JAN, AGED ABOUT 46 YEARS, RESIDING AT NO. 1842, BEHIND SHABANAM SHADHI MAHAL , 2[nd] STAGE, RAJIVNAGARA MYSURU 570 019.
…PETITIONER
(BY SRI. MAHADEVA R.K., ADVOCATE)
AND:
THE STATE OF KARNATAKA UDAYAGIRI POLICE STATION, DEVARAJA SUB DIVISION, MYSURU CITY 570 019, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, BENGALURU 560 001
…RESPONDENT
(BY SMT. WAHEEDA M.M., HCGP)
THIS CRL.P IS FILED U/S.439 OF (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO.189/2024 OF UDAYAGIRI POLICE STATION FOR THE OFFENCE P/U/S.25,29,20(b)(ii)(c) OF NDPS ACT 1985 PENDING ON THE FILE OF THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT MYSURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
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
This petition under Section 483 of the Bharatiya Nyaya Sanhita (BNS), 2023, is filed by the petitioner, Accused No. 1, seeking regular bail in connection with an investigation for offenses punishable under Sections 25, 29, and 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader (HCGP) for the respondent-State.
3. The prosecution alleges that on 12.11.2024, credible information was received regarding the unauthorized possession and storage of ganja at Door No. 40, MIG-2, KHB Colony, Kalyanagiri, Mysuru. A raid was conducted, during which Accused Nos. 2 and 3 were found at the said location. Upon searching the premises, 154 kilograms and 450 grams of ganja were discovered in a plastic bag.
4. During interrogation, Accused Nos. 2 and 3 allegedly stated that the ganja belonged to Accused No. 1 (the petitioner).
5. The learned counsel for the petitioner submitted that further investigation in Crime No. 189/2024 for the NC: 2024:KHC:53342
offenses punishable under Sections 25, 29, and 20(b)(ii)(C) of the NDPS Act, 1985, has been stayed by this Court in W.P. No. 32945/2024, insofar as it relates to Accused No. 1.
the NDPS Act, 1985, has been stayed by this Court in
6. In light of the submissions made and considering the fact that further investigation against the petitioner has been stayed by this Court, the petitioner has established a prima facie case for the grant of regular bail.
7. In the light of the above, the investigation having been stayed by this Court, the petitioner has established a prima facie case for enlarging him on bail. Accordingly, petition is allowed. The petitioner - accused No.1 is enlarged on bail in Crime No.189/2024 registered by the Udayagir police station, Mysuru City for the offences punishable under Sections 25, 29, 20(b)(ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 on the file of the Principal District and Sessions Court, JLB Road, Mysuru City, subject to the following conditions:
(i) Petitioner shall furnish a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court; of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court;
(ii) He shall not threaten witnesses in whatsoever manner; manner; NC: 2024:KHC:53342
CRL.P No. 14191 of 2024
(iii) He shall not get involved in similar offences;
(iv) He shall not leave the territorial limits without permission of the jurisdictional Court.
Registry is directed to communicate this order to the Trial Court through e-mail.
Sd/- (HEMANT CHANDANGOUDAR)JUDGE
MH/-
List No.: 1 Sl No.: 115