- 1 - NC: 2025:KHC-K:2086 CRL.P No. 200477 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200477 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SANTOSH S/O DEVENDRA KALLI, AGED 18 YEARS, OCC: STUDENT, R/O. HALASANGI, TQ.CHADCHAN, DIST.VIJAYAPUR-586207. …PETITIONER (BY SRI SANTOSH KUMAR B. BIRADAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ZALAKI PS, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI -585103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD), U/S. 482 OF BNSS,2023 PRAYING TO, A) THIS ANTICIPATORY BAIL PETITION MAY PLEASED BE ALLOWED. B) PETITIONER/ ACCUSED NO.2 MAY PLEASED BE ENLARGED ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.17/2025 BY ZALAKI POLICE STATION PUNISHABLE U/SEC. 20(b)(ii)(A) OF THE NDPS ACT 1985 AND SECTION 25(1A) AND 27 OF THE INDIAN ARMS ACT, 1959, AND ON THE FILE CIVIL JUDGE AND JMFC AT INDI. C) ANY OTHER RELIEF/S DEEMED FIT BY THE HON’BLE HIGH COURT MAY ALSO BE GRANTED. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2086 CRL.P No. 200477 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. The petitioner is arraigned as accused No.2, seeking anticipatory bail relating to Crime No.17/2025 of respondent police for the offences punishable under Sections 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 25(1)(A), 27 of Arms Act. Factual matrix of the case: 2. It is the case of the prosecution that, on 20.02.2025, around 9.00 a.m., he received an information regarding the possession of ganja in the house of the petitioner. He secured the panch witnesses and other officials to conduct the raid. Accordingly, he conducted a raid. While conducting the raid, they found two live bullets, four fired bullets, four axes, one long chopper, two knives, one rod and 750 grams of ganja. The said items - 3 - NC: 2025:KHC-K:2086 CRL.P No. 200477 of 2025 were seized in the presence of panch witnesses. Thereafter, a complaint came to be registered against the petitioner. The respondent police registered a case and conducted the investigation. 3. Heard Sri.Santosh Kumar.B, learned counsel for the petitioner and Sri.Jamadar Shahabuddin, learned High Court Government Pleader for the respondent – State. 4. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The accused had not stored any items as allegedly seized by the Investigating Officer. There are no independent eyewitnesses for the seizure mahazar and also to substantiate that the petitioner was selling the ganja. Such being the fact, conducting the interrogation or investigation of the petitioner by taking him to custody may not be necessary. 5. It is further submitted that the petitioner would undertake to appear before the Investigating Officer for the purpose of co-operating with the investigation. Hence, he may be enlarged on bail in the event of his arrest in connection - 4 - NC: 2025:KHC-K:2086 CRL.P No. 200477 of 2025 with the case by imposing suitable conditions. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for the respondent – State vehemently submitted that the seizure mahazar had been effected in the presence of officials and panch witnesses. The petitioner had possessed all the items in his house as stated in the complaint. The said items were seized in the presence of the panch witnesses. The investigation has to be conducted relating to possession of live bullets and also firearms etc., to unearth the truth. Therefore, it is not appropriate to grant him bail. Making such submissions, the learned HCGP for the respondent – State prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the complainant had received an information regarding possession of ganja in the house of the petitioner. He conducted a raid of the said house. During the said raid, the complainant found - 5 - NC: 2025:KHC-K:2086 CRL.P No. 200477 of 2025 that certain items stated supra were in the house of the petitioner. All the items were seized in the presence of panch witnesses along with live bullets. However, the Investigating Officer has not seized the revolver, which is required to be explained by the petitioner. Moreover, prima facie, the alleged offences and also the possession of live bullets in the house appears to be unnatural and the custodial interrogation may be necessary in this case. Therefore, I am of the considered opinion that it is not a fit case to grant anticipatory bail. 8. Hence, I proceed to pass the following: ORDER The Criminal Petition stands rejected. Sd/- (S RACHAIAH) JUDGE RSP/UN List No.: 1 Sl No.: 35 CT:PK