- 1 - NC: 2025:KHC-D:6198 CRL.P No. 101284 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101284 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MALANG PASHA S/O. SHAKSH WALI, AGE: 33 YEARS, R/AT: 138, 5TH CROSS, 2ND BLOCK, KAMANAHALLI, BENGALURU-560084. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA HUBBALLI DHARWAD, CEN CRIME POLICE STATION, DIST. DHARWAD, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN HUBBALLI DHARWAD CEN CRIME POLICE STATION CRIME NO.211/2024 PENDING ON THE FILE OF COURT OF PRL. DISTRICT AND SESSIONS JUDGE, AT DHARWAD FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 22(b) OF NDPS ACT, 1985. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:07 +0530 - 2 - NC: 2025:KHC-D:6198 CRL.P No. 101284 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 Gouri Shankar Mot, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition by accused No.2 under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, with the following prayer: ““To enlarge the petitioner/accused No.2 on regular bail in Hubballi Dharwad CEN Crime Police Station Crime No.211/2024 pending on the file of Court of Prl. District and Sessions Judge, at Dharwad for the offence punishable under Sections 22(b) of NDPS act, 1985” 3. Facts in brief which are necessary for disposal of the petition are as under: 4. Accused was arrested with the possession of 1.86 gms. MDMA by the head of raid party and after thorough - 3 - NC: 2025:KHC-D:6198 CRL.P No. 101284 of 2025 investigation, he has been charge sheeted. Total recovery of the NDPS from all the accused persons in the case is to the tune of total 5.36 grams. 5. Accused is in custody since 23.12.2024. After thorough investigation, charge sheet is now filed. Taking note of the fact the seized MDMA-psychotropic substances is to the tune of intermediary quantity, continuation of the accused petitioner in the judicial custody is no longer warranted. 6. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. It is also noted that there is no criminal antecedents insofar as the petitioner is concerned. 7. Accordingly, following order is passed. ORDER (i) The criminal petition is allowed. (ii) The Petitioner shall be enlarged on bail on executing a personal bond in a sum of - 4 - NC: 2025:KHC-D:6198 CRL.P No. 101284 of 2025 Rs.1,00,000/- [Rupees One Lakh only] with two sureties for the likesum to the satisfaction of the learned Trial Court. (iii) The petitioner shall not tamper the prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. (v) The petitioner shall not indulge in similar offences. (vi) Petitioner shall not leave the jurisdiction of Bangalore and Dharwad Districts without prior permission. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE VMB CT:PA List No.: 1 Sl No.: 9