- 1 - HC-KAR NC: 2025:KHC-D:13234 CRL.P No. 103294 of 2025 C/W CRL.P No. 103627 of 2025 CRL.P No. 103823 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103294 OF 2025 C/W CRIMINAL PETITION NO. 103627 OF 2025 & CRIMINAL PETITION NO. 103823 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL.P. NO.103294 OF 2025: BETWEEN: MR. IBRAHIM S/O ABDULKADAR GHEEWALE, AGE. 24 YEARS, OCC. BUSINESS, R/O. SUBHAS NAGAR, BELAGAVI, PRESENT ADDRESS: NEAR BALAJI CENTRE, SADASHIV NAGAR, BELAGAVI-590 019. … PETITIONER (BY SRI. Z.M. HATTARKI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KHADE BAZAR POLICE, BELAGAVI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … 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 REGULAR BAIL TO THIS PETITIONER/ACCUSED NO.2 IN KHADE BAZAR POLICE STATION CRIME NO.45/2025 FOR THE RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13234 CRL.P No. 103294 of 2025 C/W CRL.P No. 103627 of 2025 CRL.P No. 103823 of 2025 OFFENCES PUNISHABLE UNDER SECTION 20(B)(II) (B) OF NDPS ACT, WHICH IS PENDING BEFORE II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P. NO.103627 OF 2025: BETWEEN: SHRI DANESH KHAN YUSUFKHAN KITTUR, AGE. 27 YEARS, OCC. BUSINESS, R/O. H.NO.15, OPP. DAMODAR APARTMENT, BETHODA ROAD, PONDA, GOA-403 401, PRESENT ADDRESS: YASHWANTH VIHAR, NANAWADI, BELAGAVI-590 009. … PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH KHADE BAZAR POLICE STATION), R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRPC/483 OF BNSS, PRAYING TO ALLOW THE PETITION AND TO ENLARGE THE PETITIONER ON BAIL WHO IS ARRAYED AS ACCUSED NO.3 PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN KHADE BAZAR P.S. CRIME NO.45/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 20 (B)(II)(B) OF NDPS ACT 1985, TO MEET THE ENDS OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-D:13234 CRL.P No. 103294 of 2025 C/W CRL.P No. 103627 of 2025 CRL.P No. 103823 of 2025 IN CRL.P. NO.103823 OF 2025: BETWEEN: SUNIL SHIVANAND SANGANAIKARA S/O. SHIVANAND SANGANAIKARA, AGED 22 YEARS, OCC. LABOURER (STUDENT), RESIDENT OF PLOT NO.40, SECTOR NO.387, HANUMAN NAGAR, TQ. AND DIST. BELAGAVI CITY, PIN CODE-590 001. … PETITIONER (BY SRI. AVINASH M. ANGADI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH KHADEBAZAR POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 001. … 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 ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.04 ON REGULAR BAIL IN CRIME NO.0045/2025 WHICH IS REGISTERED BY KHADEBAZAR POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE SECTION 20(B)(II)(B) OF NDPS ACT-1985 PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS COURT, BELAGAVI, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:13234 CRL.P No. 103294 of 2025 C/W CRL.P No. 103627 of 2025 CRL.P No. 103823 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.2 to 4 in Crime No.45 of 2025 registered by Khadebazar Police Station, Belagavi City, for offence punishable under Section 20(b)(ii)(B) of NDPS Act, 1985, are before this Court in the above captioned three criminal petitions filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. It is brought to the notice of this Court that during the pendency of these criminal petitions, since charge sheet was not filed within the statutory period, as provided under Section 187(3) of BNSS, 2023, the petitioners herein have been granted statutory bail and therefore, these petitions have been rendered infructuous. 4. The submissions made by the parties to the aforesaid effect are placed on record. 5. During the pendency of these criminal petitions, a submission was made on behalf of the petitioners that though the petitioners are shown as arrested in the present case on - 5 - HC-KAR NC: 2025:KHC-D:13234 CRL.P No. 103294 of 2025 C/W CRL.P No. 103627 of 2025 CRL.P No. 103823 of 2025 24.07.2025, they were apprehended much earlier by the Investigation Officer in the present case and the arrested accused were not produced before Jurisdictional Magistrate within 24 hours from the time they were apprehended by Investigating Officer. Therefore, this Court had directed the Commissioner of Police, Belagavi, to hold an enquiry and submit his report. Pursuant to the orders passed by this Court, the Commissioner of Police, Belagavi has submitted reports dated 15.09.2025, 18.09.2025 and 23.09.2025 before this Court, which have been taken on record. 6. It is brought to the notice of this Court that accused have also filed applications before the Trial Court making the very same grievance and no orders have been passed on the said applications, as on this date, by the Trial Court. Since these petitions are being dismissed as rendered infructuous, I am of the opinion that if the aforesaid enquiry reports submitted by the Commissioner of Police, Belagavi, are forwarded to the Trial Court, with a direction to consider the same and pass appropriate orders on the applications filed on behalf of the - 6 - HC-KAR NC: 2025:KHC-D:13234 CRL.P No. 103294 of 2025 C/W CRL.P No. 103627 of 2025 CRL.P No. 103823 of 2025 accused on which orders are not yet passed, the same would serve the ends of justice. Accordingly, the following: ORDER Criminal Petitions are dismissed as having rendered infructuous. The reports dated 15.09.2025, 18.09.2025 and 23.09.2025, which have been submitted by the Commissioner of Police, Belagavi, are directed to be forwarded / transferred to the Trial Court and the Trial Court shall consider the applications filed before the said Court by the accused on 07.08.2025 and 13.08.2025, in the background of the aforesaid reports and pass appropriate orders on the same after hearing all the parties. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT: BCK LIST NO.: 1 SL NO.: 17