- 1 - NC: 2025:KHC-D:6316 CRL.P No. 101540 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101540 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: ARUNKUMAR S/O. CHONIKAHALI MAHAPATRA, AGE: 38 YEARS, OCC. PVT WORK, R/O. KHATIGUDA, TQ. TUNTILIKANDI, DIST. NABARANGPUR, STATE: ODISSA. …PETITIONER (BY SRI. VASANT G. HOLEYANNAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATKA, DHARWAD BENCH, DHARWAD, BY PSI HUBBALLI RAILWAY POLICE STATION, HUBBALLI. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN HUBBALLI RAILWAY POLICE STATION CRIME NO. 99/2024 I.E., NOW SPL. IN NDPS C.C.NO.2/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 20(b)(ii)(B) OF NDPS ACT, WHICH IS PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD BY ALLOWING THIS PETITION. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:09 +0530 - 2 - NC: 2025:KHC-D:6316 CRL.P No. 101540 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) 1. Heard Sri.Vasant G. Holeyannavar, learned counsel for the petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent- State. 2. Sri.Vasant G. Holeyannavar, learned counsel for the petitioner submits that petitioner is in custody on 17.10.2024 and seized Narcotic Drugs and Psychotropic Substances (NDPS) for the tune of Rs.4.493 grams of Ganja, which is a intermediate quantity and this Court has already granted bail to the co-accused and therefore, on the ground of parity, present petition may be allowed. 3. Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent-State did not dispute the fact of grant of bail to the co-accused. - 3 - NC: 2025:KHC-D:6316 CRL.P No. 101540 of 2025 4. Therefore, without expressing any opinion on the merits of the matter, on the ground of parity alone the petition needs to be allowed. 5. Accordingly following order is passed. ORDER i. Criminal Petition is allowed. ii. Petitioner is directed to enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- [Rupees one lakh only] with two local sureties of which Rs.1,00,000/- is to be given as cash surety. iii. Petitioner shall cooperate with the Investigating Agency and in that regard he is required to mark his attendance before the Investigating Officer on every third Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. iv. Petitioner shall not tamper the prosecution witnesses in any manner. v. Petitioner shall attend the Court regularly. vi. Petitioner shall not leave the jurisdiction of Dharwad District without prior permission. - 4 - NC: 2025:KHC-D:6316 CRL.P No. 101540 of 2025 Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE AC List No.: 1 Sl No.: 26