Karnataka High Court
Basudeb Sahu vs State Of Karnataka on 28 April, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:17433
CRL.P No. 4185 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4185 OF 2025
BETWEEN:
1. BASUDEB SAHU,
S/O UHUCHAL SAHU,
AGED ABOUT 26 YEARS,
RESIDING AT KUMALSING
VILLAGE, LUISINGH POST,
GOHCHAPADA (THANA),
PHURINGA (TAHASIL),
KANDHAMAL (DIST)
ODISHA STATE - 762 002.
2. BAYAMAN BAGARTTI,
S/O HARI BAGARTTI,
AGED ABOUT 30 YEARS
RESIDING AT KUMALSING
VILLAGE, LUISINGH POST,
GOHCHAPADA (THANA)
PHURINGA (TAHASIL)
Digitally KANDHAMAL (DIST)
signed by ODISHA STATE - 762 002.
NANDINI D
...PETITIONERS
Location:
HIGH (BY SRI. NATARAJ .D., ADVOCATE)
COURT OF
KARNATAKA
AND:
STATE OF KARNATAKA
BY HOSKOTE POLICE STATION
REP BY HIGH COURT STATE
PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE - 560 001.
...RESPONDENT
(BY SMT. PUSHPALATHA .B. ADDL.S.P.P.)
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NC: 2025:KHC:17433
CRL.P No. 4185 of 2025
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO GRANT REGULAR BAIL UNDER SECTION 439 OF CODE
OF CRIMINAL PROCEDURE IN CRIME NO.422/2023 REGISTERED AT
HOSKOTE POLICE FOR THE O/P/U/S 8C AND 20C OF NDPC ACT,
1985 WHICH IS PENDING BEFORE THE HONBLE ADDL.DISTRICT AND
SESSIONS JUDGE, BENGALURU RURAL AT BENGALURU.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Petitioners are before this Court under Section 439 of Cr.PC with a prayer to enlarged them on bail in Spl.C.No.347/2024 pending before the Court of 8th Additional District and Sessions Judge and Spl. Judge for NDPS cases, Bengaluru Rural District arising out of Crime No.422/2023 registered by Hosakote Police Station, Bengaluru, for offences punishable under Sections 8(c) and 20(C) of Narcotic Drugs & Psychotropic Substances Act, 1985, (for short ' NDPS Act').
2. Heard the learned counsel for the parties.
3. FIR in Crime No.422/2023 was registered by Hosakote Police Station, Bengaluru for the aforesaid offences against the petitioners herein and during the course of investigation of the case, petitioners herein were arrested on 26.12.2023 and subsequently, remanded to judicial custody. -3-
NC: 2025:KHC:17433 CRL.P No. 4185 of 2025 Bail application filed by the petitioners in Crl.Mis.No.989/2024 before the Jurisdictional Sessions Court were rejected on 12.07.2024. Therefore, they had approached this Court in Crl.P.No.7188/2024 which was dismissed of on 17.09.2024 with a request to the Trial Court to expedite trial in S.C.No.347/2024 and dispose of the main case as expeditiously as possible, but not later than a period of six months from the date of receipt of certified copy of the order. On the ground that the trial has not been completed as directed by this Court, petitioners are before this Court in this successive bail application.
4. Learned counsel for the petitioners submits that though this Court had requested the Trial Court to dispose of the case on merits within the period of six months from the date of receipt of certified copy of the order, the Trial Court has not completed the trial and therefore, on the ground of delay in trial , petitioners are entitled for grant of bail.
5. Per contra, learned Additional SPP has opposed the petition. She submits that before the Trial Court, the prosecution has examined four charge sheet witnesses as -4- NC: 2025:KHC:17433 CRL.P No. 4185 of 2025 PWs.1 to 4 and defence is required to cross examine them. There is no delay in trial. Accordingly, she prays to dismiss the petition.
6. This Court in Crl.P.No.7188/2024 while dismissing the bail application of petitioners on merits had requested the Trial Court to expedite trial in S.C.No.347/2024 and dispose of the main case as expeditiously as possible, but not later than a period of six months from the date of receipt of certified copy of the order.
7. Perusal of the order sheet of the Trial Court would go to show that though the aforesaid order was passed by this Court in Crl.P.No.7188/2024 on 17.09.2024, certified copy of the order was not produced before the Trial Court. The order passed by this Court in Crl.P.No.7188/2024 was received by the Trial Court only on 22.11.2024. Learned Additional SPP has made a submission before this Court, as on this date four charge sheet witnesses have been already examined before the Trial Court as PWs.1 to 4 and matter is adjourned for the cross examination of the said witnesses at the request of defence counsel. She also submits that within a period of two months all -5- NC: 2025:KHC:17433 CRL.P No. 4185 of 2025 the witnesses will be examined before the Trial Court. Petitioners are in custody from 26.12.2023. Though this Court had requested the Trial Court to dispose of the main case within a period of six months from the date of receipt of certified copy of the order, order sheet of the Trial Court would reflect that the said order was not placed before the Court by the defence and only on 22.11.2024, the Trial Court had received the copy of the order from this Court. Thereafter, prosecution has now examined four charge sheet witnesses as PWs.1 to 4 and it is for the defence to cross examine them. Under such circumstance, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered in negative. Accordingly, the following:-
ORDER The petition is dismissed with a direction to the Trial Court to expedite the trial and dispose of the main case not later than a period of two months from the date of receipt of this order, provided the defence cooperates for the same.
Sd/-
(S VISHWAJITH SHETTY) JUDGE SPV