- 1 - HC-KAR NC: 2025:KHC:19156 CRL.P No. 7509 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7509 OF 2025 BETWEEN: NAVEEN KUMAR NAIK S/O LATE SHIVA AGED ABOUT 32 YEARS R/AT DADAGONDANAHALLI I.D.HALLI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 132. …PETITIONER (BY SRI HARISH PRABHU S, ADV.) AND: STATE OF KARNATAKA BY CEN CRIME POLICE STATION TUMAKURU CITY REPRESENTED ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER, ENLARGING THE PETITIONER ON BAIL, IN CR.NO.36/2025 REGISTERED BY CEN CRIME POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 20(b)(ii)(B) OF NDPS ACT, PENDING BEFORE THE HONBLE PRL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19156 CRL.P No. 7509 of 2025 ORAL ORDER 1. Accused in Crime No.36/2025 registered by Tumakuru CEN Crime Police Station, Tumakuru, for the offence punishable under Section 20(b)(ii)(B) of NDPS Act, 1985, is before this Court under Section 482 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.36/2025 was registered by Tumakuru CEN Crime Police Station, Tumakuru, for the aforesaid offence against the petitioner herein based on the first information dated 22.04.2025 received from Chikkanna S, Police Constable attached to Tumakuru CEN Crime Police Station, Tumakuru. During the course of investigation of the said case, petitioner was arrested on 22.04.2025 and subsequently, remanded to judicial custody. His bail application filed before the Trial Court in Crl.Misc.No.592/2025 was rejected on 07.05.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that contraband article allegedly ganja seized in the present case totally weighed 1 kg 575 grams, which is of intermediate - 3 - HC-KAR NC: 2025:KHC:19156 CRL.P No. 7509 of 2025 quantity and a little more than small quantity as provided under the relevant Notification issued under the provisions of the NDPS Act. The contraband article allegedly ganja was found in a plastic bag which the petitioner was holding in his hand. Therefore, compliance of Section 50 of the NDPS Act, becomes necessary which prima facie appears to have not been complied in the present case in the manner known to law. Undisputedly, petitioner has no other criminal antecedents. Since the contraband article seized is of intermediate quantity, the rigour under Section 37(1)(b) of the NDPS Act, cannot be made applicable to the petitioner. Major portion of the investigation in the case is completed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.36/2025 registered by Tumakuru CEN Crime Police Station, Tumakuru, for the offence punishable under Section 20(b)(ii)(B) of NDPS Act, 1985, subject to the following conditions: - 4 - HC-KAR NC: 2025:KHC:19156 CRL.P No. 7509 of 2025 a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN