- 1 - NC: 2025:KHC-D:6086 CRL.P No. 101374 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101374 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: RATHNARAM S/O. NENORAM, AGED ABOUT 25 YEARS, RESIDENT OF ARALIKATTI ONI, DAKAPPA CIRCLE, HUBBALLI -580020. …PETITIONER (BY SRI BYRESH GOWDA, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH TOWN POLICE, HUBBALI, PIN -580028, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. …RESPONDENT (BY SMT. GIRIJA S. HIREMAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, SEEKING TO ALLOW THE PETITION AND GRANT BAIL THE PETITIONER/A6 IN HUBBALLI TOWN P.S. CRIME NO.78/2024, CHARGE SHEETED IN CC NO.1696/2024, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 20(b) (ii) (A) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT AND SECTIONS 318(4), 336(3), 340(2), 111(3), 316(4) OF BNS 2023, PENDING ON THE FILE OF I COURT, JMFC, HUBBALLI-DHARWAD, IMPOSING ANY CONDITIONS, FOR WHICH ACT OF KINDRESS, THE PETITIONER SHALL FOREVER PRAY. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.04.08 11:09:07 +0530 - 2 - NC: 2025:KHC-D:6086 CRL.P No. 101374 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Byresh G., learned counsel for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with the following prayer: “To allow the petition and grant bail the Petitioner/A6 in Hubballi Town P.S. Crime No.78/2024, charge sheeted in CC No.1696/2024, registered for offences punishable under Sections 20(b) (ii) (A) of Narcotic Drugs and Psychotropic Substances Act and Sections 318(4), 336(3), 340(2), 111(3), 316(4) of BNS 2023, pending on the file of I Court, JMFC, Hubballi-Dharwad, imposing any conditions, for which act of kindness, the petitioner shall forever pray.” 3. Petitioner is charge sheeted for the offences under Sections 318(4), 336(3), 340(2), 111(3), 316(4) of - 3 - NC: 2025:KHC-D:6086 CRL.P No. 101374 of 2025 BNS 2023 of Bharatiya Nyaya Sanhita (‘BNS’, for short) and Section 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act. 4. At the outset, Sri.Bairesh would contend that accused Nos.1, 3 and 4 have been granted bail in the very same case and based on the voluntary statement given by the first accused, present petitioner has been arraigned as accused No.6 and allegation against the present petitioner is he was in the business of ‘Hawala’ in as much as his owner Mangilal would send a code on his mobile telephone and whoever approaches him with the said code, he used to pay the money that was mentioned in the message over the mobile telephone and thus he was involved in ‘Hawala’ business and as such, present petitioner is entitled to be enlarged on bail. 5. Learned High Court Government Pleader did not dispute the fact of grant of bail to accused Nos.1,3 and 4. - 4 - NC: 2025:KHC-D:6086 CRL.P No. 101374 of 2025 6. Taking note of the attendant facts and circumstances of the case and also taking note of the fact that the charge sheet is filed and accused in custody on and from 05.08.2024, on the ground of parity alone the present petitioner is entitled to be enlarged on bail. 7. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 8. Accordingly, following Order: ORDER (i) Petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the trial Court. (iii) Petitioner shall attend the Court regularly. (iv) Petitioner shall not threaten the prosecution witnesses in any manner. (v) Petitioner shall not leave the jurisdiction of Dharwad district without prior permission. - 5 - NC: 2025:KHC-D:6086 CRL.P No. 101374 of 2025 Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 1 SL NO.: 16