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2025 DAILYLAW 37425 (KAR)

SHRI PRAJWAL S/O GUNDU NAVAGEKAR v. THE STATE OF KARNATAKA

CRL.P/103733/2025 · 2025-09-24

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13037 CRL.P No. 103733 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103733 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI PRAJWAL S/O GUNDU NAVAGEKAR, AGE. 22 YEARS, OCC. MASON, R/O. LOHAR GALLI, AMBEWADI, TQ. AND DIST. BELAGAVI, PIN CODE-591 108. … PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KHADEBAZAR POLICE STATION, BELAGAVI CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT A BAIL TO THE PETITIONER/ACCUSED NO.2 OF KHADEBAZAR POLICE STATION BELAGAVI, IN CRIME NO.50/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(B)(II)(B) OF NDPS ACT, AND ARMS ACT UNDER SECTION 27(1), KARNATAKA POLICE ACT UNDER SECTION 97 ACT WHICH IS PENDING BEFORE II ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13037 CRL.P No. 103733 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in Crime No.50/2025 registered by Khadebazar Police Station, Belagavi for the offences punishable under 20(b)(ii)(B) of NDPS Act, and under Section 27(1) of Arms Act, Section 97 of Karnataka Police Act is before this court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.50/2025 was registered by Khadebazar Police Station, Belagavi for the aforesaid offences against Harsh Sunil Varma and two others based on the first information dated 02.08.2025 received from Uddappa B. Kattikar, Police Officer attached to Khadebazar police station. During the course of investigation, petitioner was arrested on 02.08.2025 and subsequently remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous - 3 - HC-KAR NC: 2025:KHC-D:13037 CRL.P No. 103733 of 2025 No.1024 of 2025 was rejected on 29.08.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that based on credible information received by the first informant on 02.08.2025 at about 12.30 hours when he was in the police station, that three persons were making attempt to sell the contraband articles ganja to public, raid was conducted to the alleged spot and from the said spot, accused nos.1 to 3 named in the FIR were apprehended and from their possession, contraband article ganja and other articles like dragger, mobile phones etc. were recovered and seized by the police. 5. Perusal of the first information would go to show that from the possession of the petitioner herein, contraband article ganja totally weighing 487 grams and his Redmi mobile phone was seized. Except the aforesaid 2 articles, no other article was seized from the possession of the petitioner. Contraband article seized from the - 4 - HC-KAR NC: 2025:KHC-D:13037 CRL.P No. 103733 of 2025 possession of the petitioner is of small quantity and maximum punishment for the same is imprisonment for a period of one year. It is not in dispute that petitioner has no other criminal antecedent and he is in custody from 02.08.2025 onwards. He is youngster aged about 22 years. Continued detention of the petitioner amongst hardcore criminals would have adverse impact upon his career. Major portion of investigation is completed. 6. Under these circumstances, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.50/2025 registered by Khadebazar Police Station, Belagavi for the offences punishable under 20(b)(ii)(B) of NDPS Act, and under Section 27(1) of Arms - 5 - HC-KAR NC: 2025:KHC-D:13037 CRL.P No. 103733 of 2025 Act, Section 97 of Karnataka Police Act, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 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. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 35