- 1 - HC-KAR NC: 2025:KHC-D:12302 CRL.P No. 103626 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103626 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI MANSOOR S/O. APPALAL MAKANDAR, AGE. 42 YEARS, OCC. DRIVER, R/O. PARISHWAD-590 016, TQ. KHANAPUR, DIST. BELAGAVI. … PETITIONER (BY SRI. VIDYASAGAR PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, (THROUGH HIRE BAGEWADI POLICE STATION). … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYS THAT THE PETITION MAY BE ALLOWED AND PETITIONER/A1 MAY BE RELEASED ON BAIL IN HIRE BAGEWADI P.S. CRIME NO.119/2025, FOR OFFENCES PUNISHABLE UNDER SECTION 20(B)(II)(B) OF NDPS ACT, WHICH IS PENDING BEFORE II ADDL. DISTRICT AND SESSION JUDGE BELAGAVI AT: BELAGAVI, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12302 CRL.P No. 103626 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The accused in Crime No.119 are 2025 registered by Bagewadi Police Station, Belgaum Rural Sub-Division, Belagavi City for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, is before this Court under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned Court for the parties. 3. FIR in Crime No.119 are 2025 was registered by Bagewadi Police Station, Belgaum Rural Sub-Division, Belagavi City for the aforesaid offence against the petitioner herein based on the first information dated 23.07.2025 received from Sundresh K.Holennavar, Police Officer attached to Bagewadi Police Station. During the course of investigation, the petitioner was arrested in the present case on 24.07.2025 and subsequently remanded to judicial custody . His bail application filed before the jurisdictional - 3 - HC-KAR NC: 2025:KHC-D:12302 CRL.P No. 103626 of 2025 Sessions Court in Crl.Misc. No.968/2025 was rejected on 21st August 2025 and therefore, he is before this Court. 4. The materials on record would go to show that, based on the credible information received on 23.07.2025 a raid was conducted to the alleged spot, wherein a person was making attempts to sell contraband article allegedly ganja to the public and from the said spot, the petitioner who came in a scooter was apprehended and from his possession, contraband article allegedly ganja, totally weighing 2 kgs. and 65 grams was seized under a panchanama. 5. The seized contraband article is of intermediate quantity and the maximum punishment for the alleged offence is imprisonment for a period of ten years and undisputedly, the petitioner has no other criminal antecedents. Since the seized contraband article allegedly ganja is not of commercial quantity, the rigor under Section 37(1)(b) of the NDPS cannot be made applicable to the - 4 - HC-KAR NC: 2025:KHC-D:12302 CRL.P No. 103626 of 2025 petitioner. Learned HCGP has fairly submitted that the investigation of the case is already completed and charge has been filed. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail is to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner - accused is directed to be enlarged on bail in Crime No.119 are 2025 registered by Bagewadi Police Station, Belgaum Rural Sub-Division, Belagavi City for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, subject to the following conditions: (i) The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) 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; - 5 - HC-KAR NC: 2025:KHC-D:12302 CRL.P No. 103626 of 2025 (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future. (v) 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 VNP / CT: BCK LIST NO.: 1 SL NO.: 27