- 1 - HC-KAR NC: 2025:KHC:52148 CRL.P No. 13840 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13840 OF 2025 BETWEEN: 1. KRISHNAMURTHY, S/O MUNIYAPPA, AGED ABOUT 44 YEARS, R/AT VENKATARAJANAHALLI VILLAGE, MALURU TALUK - 563 131. …PETITIONER (BY MS.WATHI.R.BHAT, ADVOCATE FOR SMT.JAYANTHI R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MULBAGAL RURAL POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M, ADVOCATE) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASED ON BAIL IN CONNECTION WITH CRIME NO.60/2025 (SPL.C.C.NDPS NO.32/2025) PENDING BEFORE THE HONBLE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR PERTAINING TO THE MULBAGAL RURAL POLICE STATION FOR THE OFFENCE P/US /20(b)(ii)(c) OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52148 CRL.P No. 13840 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Spl.CC(NDPS).No.32/2025 pending before the Court of Principal District and Sessions Judge, Kolar, arising out of Crime.No.60/2025, registered by Mulbagalurga Rural Police Station, Kolar for offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.60/2025 was registered by Mulbagal Rural Police Station, Kolar, for the aforesaid offence against two unknown persons, based on the first information dated 24.02.2025, received from Sri.Sathish K.G., police officer attached to Mulbagal Rural Police Station, Kolar. - 3 - HC-KAR NC: 2025:KHC:52148 CRL.P No. 13840 of 2025 4. During the course of investigation of the said case, petitioner herein was arrested on 24.02.2025 along with accused No.2 and they were remanded to judicial custody on 25.02.2025. Bail application filed by the petitioner before the Trial Court in Crime No.60/2025 was rejected and therefore he had approached this Court in Crl.P.No.4985/2025, which was dismissed as not pressed with liberty to file a fresh petition before the Jurisdictional Sessions Court, after charge sheet is filed. The police after completing investigation have filed charge sheet in the present case against six persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Trial, thereafter in Spl.CC(NDPS)No.32/2025 was rejected and therefore, he is before this Court in this successive bail application. 5. Perusal of the material on record would go to show that FIR was registered in Crime No.60/2025 against two unknown persons based on the first information received from Sathish K. G. Police Officer, Mulbagal Rural - 4 - HC-KAR NC: 2025:KHC:52148 CRL.P No. 13840 of 2025 Police Station, Kolar, who has averred in his first information that he had received credible information that two strangers were carrying more than 5 KG of ganja in an auto-rickshaw and were travelling from Mulbagal towards Kolar. After registration of the FIR, the auto-rickshaw bearing registration No.KA-07-B-1049 was intercepted by the police. Accused No.2 was found driving the said auto-rickshaw and accused No.1 was sitting in the rear seat of the auto-rickshaw. The police allegedly have seized contraband article ganja totally weighing 23 KGs 805 grams from the dicky of the auto-rickshaw which was found packed in two bags. Accused Nos.1 and 2 who were found transporting the contraband article in the auto- rickshaw, were arrested and the contraband article was seized under a mahazar and produced before the Court. After completing investigation charge sheet is now filed against six persons. 6. Perusal of the charge sheet material would go to show that petitioner and accused No.2 had accompanied - 5 - HC-KAR NC: 2025:KHC:52148 CRL.P No. 13840 of 2025 accused No.3 - Pattabhirama to Vizag in Andhra Pradesh State in the car belonging to accused No.3. After reaching Vizag accused No.3 appears to have called accused No.4 Mari Bujjibabu, who allegedly is a supplier of contraband article ganja and at the request of accused No.3, accused No.4 allegedly had supplied the contraband article ganja to accused No.3, who had kept the same in his car and had travelled towards Nangli Toll along with accused Nos.1 and 2. 7. Charge sheet material would go to show that accused No.3 had summoned the auto-rickshaw belonging to accused No.6 and asked the driver of the auto-rickshaw to park the auto-rickshaw near Nangli Toll. After reaching Nangli Toll, accused No.3 allegedly asked accused Nos.1 and 2 to take the contraband article in the auto-rickshaw which was parked near Nangli Toll to Mulbagal and thereafter accused No.3 and the driver of the auto- rickshaw went away in the car. At the instance of accused No.3, accused Nos.1 and 2 had transported the - 6 - HC-KAR NC: 2025:KHC:52148 CRL.P No. 13840 of 2025 contraband article in the auto-rickshaw bearing registration No.KA-07-B-1049 and when the auto-rickshaw reached near Allalasandra gate on NH 75, the same was intercepted by the police and the contraband article was seized. Accused Nos.1 and 2 found in the auto-rickshaw were arrested and remanded to judicial custody. 8. From the aforesaid it is apparent that the contraband article belonged to accused No.3 and the same was supplied by accused No.4. Accused No.3 is said to be absconding and accused No.4 who was arrested has been granted regular bail by the Trial Court. So far as accused No.1 is concerned, he has no other criminal antecedent. He is in custody for the last more than ten months. He is a married man having children and he is a driver by avocation. Learned counsel for the petitioner submits that except the petitioner there is no other earning member in his family. - 7 - HC-KAR NC: 2025:KHC:52148 CRL.P No. 13840 of 2025 9. Though learned HCGP has opposed the bail application on the ground that since the contraband articles seized in the case is of commercial quantity, the rigor under Section 37(1)(b) of the NDPS Act would apply to the case on hand, I am of the opinion that considering the fact that the petitioner has no other criminal antecedents and he was only transporting the contraband article on the instruction of accused No.3 who had purchased the same from accused No.4, there cannot be any reasonable apprehension that he is likely to commit any similar offence while on bail. There is also no reason for this Court to believe at this stage that petitioner is guilty of the alleged offence and therefore, I am of the opinion that the rigor under Section 37(1)(b) of the NDPS Act cannot be strictly made applicable to him. Undisputedly, the trial in the case is not yet commenced. It is trite that accused person cannot be detained in custody as a punitive/preventive measure. Under the circumstances, I am of the opinion that the prayer made - 8 - HC-KAR NC: 2025:KHC:52148 CRL.P No. 13840 of 2025 by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Spl.CC(NDPS).No.32/2025 pending before the Court of Principal District and Sessions Judge, Kolar, arising out of Crime.No.60/2025, registered by Mulbagalurga Rural Police Station, Kolar for offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two 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; - 9 - HC-KAR NC: 2025:KHC:52148 CRL.P No. 13840 of 2025 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; e) 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 KVR List No.: 1 Sl No.: 3