- 1 - HC-KAR NC: 2025:KHC-D:14126 CRL.P No. 103950 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103950 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. VINUT S/O. PRAKASH KONNUR, AGE: 28 YEARS, OCCUPATION: PVT. SERVICE, R/O: 3RD CROSS, NEHARU NAGAR, TALUK AND DISTRICT: BELAGAVI-590010. …PETITIONER (BY SRI. RAMESH S.GUDODAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MARIHAL P.S., BELAGAVI, REP. BY HCGP HIGH COURT OF DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ENLARGED ON BAIL IN MARIHAL P.S. CRIME NO.96/2025 OFFENCE PUNISHABLE UNDER SECTION 20(B)(II)(B) OF NDPS ACT, IN THE PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AT BELAGAVI, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14126 CRL.P No. 103950 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is arrayed as accused No.1 in Crime No.96/2025 by the respondent/Police for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act seeking for regular bail. 2. Factual matrix of the case; The case of the prosecution is that on 02.08.2025 around about 11:10 am, when he was working in the respondent/Police Station he received an information stating that two persons would be coming on the red Piaggio scooter to sell the contraband near Sambra. On receiving the said information, he reduced the same into writing in the register maintained in the Police Station thereafter, he went along with Panchas and staff to the spot and waiting for the arrival of the said vehicle on the road. - 3 - HC-KAR NC: 2025:KHC-D:14126 CRL.P No. 103950 of 2025 3. When they were waiting for the persons, a scooter bearing its registration No.KA-22-EZ-6277 was coming on the road. They intercepted the vehicle and persons, showed the identity card and secured the information regarding the name, age and address of the persons who were coming on the motorcycle. On receiving the said information, conducted search, they found that the accused was carrying Ganja of 1.335 Gms worth of Rs.55,000/-. It was seized in the presence of the Panch witnesses. A case came to be registered against the petitioner. The investigation is under progress. 4. It is the submission of the learned counsel for the petitioner that, though it is stated that the complainant had received an information that the petitioner was carrying the contraband on his motorcycle, the search and seizure was not conducted in accordance with law. 5. It is further submitted that the seized quantity is a small quantity and there is no embargo to enlarge the - 4 - HC-KAR NC: 2025:KHC-D:14126 CRL.P No. 103950 of 2025 accused on bail. Making such submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently submitted that the present petitioner is involved in one more case and he is an habitual offender. If he is enlarged on bail, there is a chances of committing similar offences and also there is likelihood of targeting the youths of the nation. Therefore, it is not appropriate for him to grant bail. Having said thus, he prays to reject the bail. 7. Having heard the learned counsel for the respective parties and perused the averments of the complaint, it appears from the records that the complainant had received an information regarding transportation of the contraband on the scooter of the petitioner. The quantity is a small quantity as defined under the schedule. Prima facie there are some lacunae in collecting search and seizure. Therefore, I am of the considered opinion that the petitioner is entitled for the relief as prayed for. - 5 - HC-KAR NC: 2025:KHC-D:14126 CRL.P No. 103950 of 2025 8. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.96/2025 of Marihal Police Station by executing a personal bond of ₹1,00,000/- [Rupees One Lakh only] with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions; a) The petitioner shall appear before the Trial Court on all dates of hearing without fail. b) The petitioner shall not tamper the prosecution witnesses nor hamper the proceedings of the Court. c) The petitioner shall cooperate with the investigation till filing of the final report. - 6 - HC-KAR NC: 2025:KHC-D:14126 CRL.P No. 103950 of 2025 d) The petitioner shall not leave the jurisdiction till filing of the charge- sheet. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 27