- 1 - NC: 2025:KHC:10024 CRL.P No. 2381 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2381 OF 2025 BETWEEN: 1. SRI BHANUPRAKASH S/O LINAGNNA AGED ABOUT 32 YEARS RESIDING AT HUNASEKATTE BUKKAPATTANA HOBLI SIRA TALUK, TUMKUR DISTRICT - 572 137 PRESENTLY RESIDING AT C/O JAYAMMA, SLN LAYOUT YALLAPURA, TUMKUR - 572 106. 2. SRI ABHISHEK S/O SHIVAKUMAR AGED ABOUT 22 YEARS RESIDING AT POOJARAHALLI VILLAGE, DODDERI HOBLI MADUGIRI TALUK, TUMKUR DISTRICT - 572 132 PRESENTLY RESIDING AT SIDDAGIRINAGARA, YALLAPUR TUMKUR - 572 106. …PETITIONERS (BY SRI CHETAN DESAI, ADV.) AND: THE STATE OF KARNATAKA NEW EXTENSION POLICE STATION TUMKUR, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10024 CRL.P No. 2381 of 2025 (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL, IN CR.NO.13/2025, REGISTERED FOR THE OFFENCES P/U/S 123, 278, 280 AND 3(5) OF BNS 2023, REGISTERED BY THE NEW EXTENSION POLICE STATION, TUMKUR DISTRICT, TUMKUR PENDING ON THE FILE OF THE HONBLE ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT TUMKUR DISTRICT, TUMKUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 3 in Crime No.13/2025 registered by New Extension Police Station, Tumakuru District for the offences punishable under Sections 123, 278, 280 & 3(5) of BNS, 2023 are before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.13/2025 was registered by New Extension Police Station, Tumakuru District against Mohammed Saif and two others, on the basis of first information dated 28.01.2025 received from Sri Anjinappa, police officer attached to New Town Police Station. During the course of investigation of the case, the - 3 - NC: 2025:KHC:10024 CRL.P No. 2381 of 2025 petitioners herein were arrested on 29.01.2025 and in the remand application they were arraigned as accused Nos.1 and 3. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.182/2025 was dismissed on 11.02.2025. Therefore, they are before this Court. 5. Learned counsel appearing for the petitioners submits the name of the petitioners is not found in the FIR. Based on the confession statement made by co- accused, the petitioners have been arrested on 29.01.2025. Even if the allegation found in the first information is presumed to be true, the petitioners cannot be found guilty for the alleged offences. They do not have any other criminal antecedents. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. - 4 - NC: 2025:KHC:10024 CRL.P No. 2381 of 2025 7. Perusal of the material on record would go to show that, on 28.01.2025 when the first informant was on patrolling duty he got a credible information that certain persons were consuming drugs. It is in this background, he had visited the alleged spot and from the said spot he had arrested the persons named in the FIR and had recovered 20 Tapdro-100 tables and 3 insulin syringes. 8. It is alleged that said accused persons were mixing the powdered Tapdro-100 tablets in water and injecting the same to themselves. Based on the confession statement made by the accused persons, who were arrested at the spot, petitioners herein are subsequently arrested. The allegation against the petitioners is that they had supplied the Tapdro-100 tablets to the accused named in the FIR. Accused No.1 is said to be the owner of the medical shop and accused No.3 is his employee. 9. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the - 5 - NC: 2025:KHC:10024 CRL.P No. 2381 of 2025 petitioners for grant of regular bail needs to be answered affirmatively. 10. Accordingly, the following: ORDER The petitioners are directed to be enlarged on bail in Crime No.13/2025 registered by New Extension Police Station, Tumakuru District for the offences punishable under Sections 123, 278, 280 & 3(5) of BNS, 2023, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - NC: 2025:KHC:10024 CRL.P No. 2381 of 2025 d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS