NIYAZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is accused No.1 in Spl. Case No.42/2022, pending on the file of II Addl. District and Sessions Judge, Belagavi.

(2.) Charge sheet is filed against accused Nos.1 to 3 for an offence punishable under Sec. 20(b) of the NDPS Act, 1985. Petitioner was initially arrested on 24/4/2021. He was enlarged on bail by learned II Addl. District and Sessions Judge, Belagavi in Crl.Misc.No.538/2021 by an order dtd. 15/6/2021. Subsequently, he failed to appear before the trial Court on several occasions and thereby violated the conditions. Thereafter, he was secured under NBW and produced before the trial Court on 15/9/2022. The learned Special Judge rejected his application for bail by an order dtd. 27/9/2022.

(3.) It is observed by the trial Court that petitioner/accused No.1 is in the habit of remaining absent and there are other cases registered against him. Out of them, Spl. Case No.163/2021 and Spl. Case No.895/2019 registered for the offence punishable under Sec. 20(b) of NDPS Act are pending apart from the present case. Considering the criminal antecedents of the accused and involvement in similar offences, the learned trial Court rejected his prayer for bail, observing that there is every chance of indulging in similar offences and absconding if, he is enlarged on bail, which may cause hurdles in the trial. In the facts and circumstances, petitioner is not entitle for bail at this stage.