Karnataka High Court
Junaid Ulla vs The State Of Karnataka By on 9 July, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:26161
CRL.P No. 3657 of 2024
IN THE HIGH COURT OF KARNATAKA
AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3657 OF 2024 (439)
BETWEEN:
JUNAID ULLA S/O BARKAT ULLA
AGED ABOUT 28 YEARS,
R/AT. PILLANNA GARDEN
2ND STAGE, OPP: REHAMANIA MASJID
MUSLIM COLONY, D. J. HALLI,
BENGALURU -560 045.
...PETITIONER
(BY SMT. SHOBHA SALAMANTAPI, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY
Digitally
THALAGHATTAPURA POLICE STATION,
signed by BENGALURU, REPRESENTED BY
SHILPA R
TENIHALLI STATE PUBLIC PROSECUTOR,
Location:
HIGH HIGH COURT COMPLEX,
COURT OF
KARNATAKA BENGALURU - 560 001.
...RESPONDENT
(BY SRI CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.987/2023
(CR.NO.114/2023) OF RESPONDENT- THALAGHATTAPURA
POLICE FOR THE OFFENCE PUNISHABLE U/S. 22(C), 8(c) OF
N.D.P.S. ACT, PENDING ON THE FILE OF 9TH ADDL.CITY CIVIL
AND SESSIONS JUDGE BENGALURU, C/C 8TH ADDL.DISTRICT
-2-
NC: 2024:KHC:26161
CRL.P No. 3657 of 2024
AND CITY CIVIL DIST AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU, IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this successive bail petition under Section 439 of Cr.P.C. with a prayer to enlarge him on bail in Special Case No.987/2023 arising out of Crime No.114/2023 registered by Thalaghattapura Police Station, Bengaluru City for the offences punishable under Sections 3(c) and 22(C) Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), pending before the Court of 8th Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru.
2. Heard the learned counsel for the parties.
3. The Thalaghattapura Police Station, Bengaluru City had registered FIR in Crime No.114/2023 against the petitioner herein for the aforesaid offences. The allegation against the petitioner is that he was found in possession of 180 grams of MDMA crystals, which he intended to sell to -3- NC: 2024:KHC:26161 CRL.P No. 3657 of 2024 the public. The investigation in the case is completed and charge sheet has been filed. The petitioner is being tried for the aforesaid offences before the jurisdictional Sessions Court in Special C.C.No.987/2024. The petitioner had earlier approached this Court in Criminal Petition No.9739/2023. This Court after hearing the learned counsel for the petitioner, had dismissed the said petition on merits by order dated 15.1.2023. This is a successive bail petition filed by the petitioner.
4. Learned counsel for the petitioner submits that the prosecution has examined two witnesses before the Trial Court as PW.1 and PW.2. Out of the two, PW.2 who is a panch witness to the seizure mahazar - Ex.P2 has not supported the case of the prosecution. Therefore, she prayed to allow the petition.
5. Per contra, learned High Court Government Pleader has opposed the bail petition. He submits that unless a change in circumstances is made out, the -4- NC: 2024:KHC:26161 CRL.P No. 3657 of 2024 petitioner cannot be enlarged on bail in a successive bail petition.
6. Earlier the bail petition filed by the petitioner in Criminal Petition No.9739/2023 was dismissed by this Court by order dated 15.11.2023. In paragraph Nos.7 and 8 of the said order, it is observed as follows:
"7. The material on record would go to show that on credible information, raid was conducted to the alleged spot and the petitioner who was found in the spot with a bag was apprehended and from his possession, 180 grams of MDMA crystal was seized and subjected to panchanama. Subsequently, the sample of the seized contraband article was forwarded to FSL for the purpose of chemical examination and the test report received from the laboratory goes to show that the contraband article has tested positive for the drug known as Methamphetamine. As per the relevant notification issued under the Act, 50 grams of Methamphetamine is considered as commercial quantity. The seized contraband article in the present case weighs 180 grams, and therefore, -5- NC: 2024:KHC:26161 CRL.P No. 3657 of 2024 the same has to be considered as commercial quantity.
8. The submission made by the learned HCGP that the petitioner has criminal antecedent is not disputed by the learned Counsel for the petitioner. As against the petitioner, Crime No.360/2021 was registered by D.G.Halli Police Station for the offences under the provisions of the Act and in the said case, he was released on bail on 06.12.2021. Thereafter, he has indulged himself in one more case under the Act, wherein commercial quantity of drug has been seized from his possession. Therefore, merely for the reason that investigation in the case is completed and charge sheet has been filed, the petitioner cannot be enlarged on bail, more so, having regard to the rigor under Section 37(1)(b) of the Act.
7. It is trite that in a successive bail petition unless the petitioner points out a change in circumstances, he cannot be granted the relief prayed in the successive bail petition. In the case on hand, except stating that -6- NC: 2024:KHC:26161 CRL.P No. 3657 of 2024 CW.2, who is one of the panch witnesses to Ex.P2 has turned hostile, the petitioner's counsel has not pointed out any change in circumstances. Merely for the reason that one of the panch witness to Ex.P2 has turned hostile, it cannot be said that the same would amount to change in circumstances so as to enlarge the petitioner on bail in a case registered for the offences punishable under Sections 8(c) and 22(C) of the NDPS Act, wherein, the petitioner has found in possession commercial quantity of contraband article and he is a habitual offender. Under the circumstances, I do not find any good grounds to entertain this petition. Accordingly, the following order is passed:
ORDER The criminal petition is allowed.
Sd/-
JUDGE SRT List No.: 19 Sl No.: 13