- 1 - NC: 2025:KHC-D:6202 CRL.P No. 101495 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.101495 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: AMAN S/O. ZAHEER AHMED MAKANDAR, AGE: 22 YEARS, OCC. DRIVER, R/O. HUBBALLI-580024, ALTAF PLOT, MAVANUR ROAD, OLD HUBBALLI, SHIMMA NAGAR, TIPPU SHAHID COLLEGE BEHIND. …PETITIONER (BY SRI. SANTOSH BIRANAGI, ADVOCATE) AND: THE STATE OF KARNATAKA BY POLICE INSPECTOR CEN POLICE STATION, HUBBALLI-DHARWAD CITY. REPRESENTED BY HIGH COURT PUBLIC PROSECUTOR, HIGH COURT BLDG, DHARWAD-580001. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, EARLIER SECTION 439 OF CR.P.C, SEEKING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN SPL. C. (NDPS) 04/2025 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD, (HUBBALLI- DHARWAD CEN CRIME P.S. CRIME NO.204/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(b) (ii) (B) N.D.P.S. ACT-1985. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:08 +0530 - 2 - NC: 2025:KHC-D:6202 CRL.P No. 101495 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 Santosh Birangi, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition is filed under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, with the following prayer: ““To grant regular bail to the petitioner/accused no.1 in Spl. C. (NDPS) 04/2025 on the file of the Principal District and Sessions Judge, Dharwad, (Hubballi-Dharwad CEN Crime P.S. Crime No.204/2024 for the offence punishable under Section 20(b) (ii) (B) N.D.P.S. Act-1985.” 3. Facts in brief which are necessary for disposal of the petition are as under: - 3 - NC: 2025:KHC-D:6202 CRL.P No. 101495 of 2025 4. The accused has been chargesheeted for the offences punishable under Sections 20(b) (ii) (B) N.D.P.S. Act-1985 in respect of 2 kgs. 576 gms. which is intermediary quantity. 5. Accused is in custody since 12.12.2024 and there is no criminal antecedent against the petitioner. 6. Taking note of the fact that charge sheet is filed, continuation of the accused-petitioner in the judicial custody is no longer warranted. 7. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 8. 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 Rs.1,00,000/- [Rupees One Lakh only] with - 4 - NC: 2025:KHC-D:6202 CRL.P No. 101495 of 2025 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.: 22