- 1 - NC: 2025:KHC-D:1696 CRL.P No. 100271 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100271 OF 2025 [438(CR.PC)/482(BNSS)] BETWEEN: KHADAR SAB @ KHAR SAB S/O. RAJASAB, AGED ABOUT 39 YEARS, OCC. AGRICULTURE, R/O. NEAR DURGAMMA TEMPLE, KANAGOLI SHIBARA TEMPLE, TQ. BYADAGI, DIST. HAVERI-581104. … PETITIONER (BY SRI V.P.VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY SUB-INSPECTOR OF POLICE, HIREHADAGALI P.S., TQ. HOOVINHADAGALI, DIST. VIJAYANAGARA, R/BY ADDL. S.P.P, HIGH COURT PREMISES, DHARWAD BENCH, DHARWAD-580011. … RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), SEEKING TO ENLARGED THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST AND NECESSARY DIRECTION MAY BE ISSUED TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL, FOR THE CASE REGISTERED IN CRIME NO.38/2024 DATED 28.03.2024, ON THE FILE OF THE COURT OF PRL.DISTRICT AND SESSIONS COURT, BALLARI, FOR THE ALLEGED OFFENCES PUNISHABLE U/S. 20(B) (II) (B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985, IN SPL.CASE NO.499/2024, AND ALLOW THE ABOVE CRIMINAL PETITION. MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.30 14:27:18 +0530 - 2 - NC: 2025:KHC-D:1696 CRL.P No. 100271 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition for anticipatory bail is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) in Crime no.38/2024 registered by Hirehadagali Police Station, for offences punishable under Section 20 (b) (ii) (B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’) by accused no.3 (petitioner). 2. Sri VP Vadavi, learned counsel for petitioner submitted, petitioner was law abiding, agriculturist and permanent resident of Byadagi, aged about 39 years. It was submitted, petitioner was falsely implicated even though he was not involved or committed any offences as alleged. However, petitioner was apprehending arrest in pursuance of false complaint in Crime no.38/2024 (supra). 3. It was submitted, prosecution case even in said complaint was that at 06.00 a.m. on 28.03.2024, Police Officer of Hirehadagali Police Station (complainant) received credible - 3 - NC: 2025:KHC-D:1696 CRL.P No. 100271 of 2025 information about two persons illegally carrying Ganja on Motorcycle and selling it to public near Upanayakanahalli Cross. Thereafter, complainant complied with procedural requirements, went to spot along with panchas and apprehended petitioner and subjected him to search. Same led to recovery of 2172 grams of Ganja worth Rs.2,00,000/-. 4. It was submitted, initially FIR was registered against two unknown persons. During investigation, other accused, had implicated accused no.3. Merely on said basis, and even though there was no recovery from petitioner, he was sought to be arraigned. It was submitted, as petitioner was bonafide permanent resident of Byadagi Taluk, having both movable and immovable properties, there was no chance of fleeing from justice. Insofar as antecedents, it was fairly stated that petitioner was arrested in Crime no.76/2024 by Hirehadagali Police Station, he was enlarged on bail in Crl.Misc.Pet.no.5484/2024 on 31.07.2024. It was submitted, arraignment of petitioner was without any material directly implicating him. On above grounds sought for allowing petition. - 4 - NC: 2025:KHC-D:1696 CRL.P No. 100271 of 2025 5. On other hand, Smt.Girija S. Hiremath, learned HCGP for respondent - State opposed petition. It was submitted, based on credible information received on 28.03.2024, after obtaining permission from higher authority, when raid was conducted, there was seizure of 2172 grams of Ganja from accused no.1 and 2. During course of investigation, they had stated that seized Ganja was purchased by them from petitioner. After further investigation and finding sufficient material, against petitioner that he was illegally selling Ganja, he was arraigned as accused no.3. Hence, petitioner had not made out any grounds for grant of anticipatory bail. It was submitted, in case petitioner was granted bail, he was likely to threaten prosecution witnesses, flee from justice and/or commit similar offences. On above grounds sought rejection of bail petition. 6. Heard learned counsel. 7. Only point that arises for consideration is: “Whether petitioner is entitled for anticipatory bail with conditions?” - 5 - NC: 2025:KHC-D:1696 CRL.P No. 100271 of 2025 8. From above, it is seen petitioner’s apprehension about imminent arrest for non-bailable offences is based on registration of Crime no.38/2024 (supra). 9. Offences alleged against petitioner namely Section 20 (b) (ii) (B) of NDPS Act, in case of intermediary quantity is punishable with imprisonment for upto 10 years, which would be grave. However, there is no recovery from petitioner. Prima facie prosecution material against petitioner is dependent upon accused no.1 and 2 recorded under Section 67 of NDPS Act, which is pari materia with Section 161 of CrPC and which by itself, would not have evidentiary value. Besides, prosecution has completed investigation and filed charge sheet on 27.05.2024 and there would be no need for custodial interrogation. As recovery from accused no.1 and 2 is of intermediate quantity and not commercial quantity attracting Section 37 of NDPS Act, concerns of prosecution about possibility of petitioner fleeing justice, tampering with prosecution witnesses and committing similar offences could be dealt with by imposing conditions. Besides, Hon’ble Supreme Court in case of Prabhakar Tewari vs. State of Uttar Pradesh reported in 2020 (11) SCC 648 has held mere - 6 - NC: 2025:KHC-D:1696 CRL.P No. 100271 of 2025 antecedents would not be ground for denial of bail. Point for consideration is answered in affirmative. 10. Hence, following: ORDER Petition is allowed. It is ordered that petitioner/accused no.3 shall be enlarged on bail, in case of his arrest in Crime no.38/2024 of Hirehadagali Police Station for offence punishable under Section 20 (b) (ii) (B) of NDPS Act, subject to following conditions: a) Petitioner shall appear before Investigation Officer, within 15 days from date of this order and execute personal bond for sum of Rs.1,00,000/- with two sureties for likesum. b) He shall appear before Investigating Officer for purpose of investigation as and when required and co-operate with investigation. c) He shall attend Court proceedings regularly. d) He shall mark his attendance at Police Station once in a month. e) He shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. - 7 - NC: 2025:KHC-D:1696 CRL.P No. 100271 of 2025 f) He shall not leave jurisdiction of above Court without prior permission, until completion of trial. g) He shall not indulge in any criminal activities. h) It is clarified that all observations herein are prima facie and not bind trial Court. SD/- (RAVI V.HOSMANI) JUDGE CLK CT:PA LIST NO.: 1 SL NO.: 10