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2025 DAILYLAW 4566 (KAR)

SANTOSH MANJUNATH PATIL v. THE STATE OF KARNATAKA

CRL.P/101391/2025 · 2025-04-03

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5974 CRL.P No. 101539 of 2025 C/W CRL.P No. 101391 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101539 OF 2025 (439(Cr.PC)/483(BNSS)) C/W CRIMINAL PETITION NO.101391 OF 2025 IN CRL.P.NO.101539/2025: BETWEEN: AKASH S/O. NEELAPPA GANGANNAVAR, AGE: 19 YEARS, OCC. PVT. WORK, R/O. HULGUR, TQ. SHIGGAON, DIST. HAVERI, PIN CODE NO-581126. …PETITIONER (BY SRI VASANT G. HOLEYANNAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, BY PI HUBBALLI KASABAPETH POLICE STATION, HUBBALLI, PIN CODE-581205. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS 2023, SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN HUBBALLI KASABAPETH POLICE STATION CRIME V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 12:23:37 +0530 - 2 - NC: 2025:KHC-D:5974 CRL.P No. 101539 of 2025 C/W CRL.P No. 101391 of 2025 NO.09/2025 FOR THE OFFENCE UNDER SECTIONS 20(b)(ii)(B) OF NDPS ACT, WHICH IS PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, DHARWAD BY ALLOWING THIS APPLICATION. IN CRL.P.NO.101391/2025: BETWEEN: SANTOSH MANJUNATH PATIL AGE: 19 YEARS, OCC. STUDENT, R/O. NEAR OLD POLICE STATION, COURT CIRCLE, LAXMESHWAR, DIST. GADAG-582101. …PETITIONER (BY SRI H.M. DHARIGOND, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HUBBALLI KASABAPETH POLICE STATION, R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS 2023, SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL WITH RESPECT TO KASABAPETH P.S. CR.NO. 09/2025 REGISTERED FOR THE OFFENSES P/U/SEC. 20(b)(ii)(B) OF NDPS ACT, 1985 PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, DHARWAD. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:5974 CRL.P No. 101539 of 2025 C/W CRL.P No. 101391 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri. Vasanth G. Holeyannavar, learned counsel for the petitioners and Smt.Girija S.Hiremath, learned HCGP. 2. Accused Nos.1 and 2 are the petitioners in these petitions respectively who have been arrested by Kasabapet Police Station, Hubballi in respect of Crime No.9/2025 dated 20.02.2025, wherein offence under Section 20(b) of the NDPS Act has been alleged. 3. Seized ganja weights in all 1Kg 241grams which is of intermediary quantity. 4. Accused were arrested and in custody on and from 31.01.2025. Taking note of the seized quantity of the ganja being intermediary quantity and also taking note of the fact of period of custody, this Court is of the considered opinion that the bail request of the petitioners can be granted. - 4 - NC: 2025:KHC-D:5974 CRL.P No. 101539 of 2025 C/W CRL.P No. 101391 of 2025 5. Apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions. Accordingly, the following order. ORDER (i) Petitions are allowed. (ii) Petitioners are directed to be enlarged on bail by taking a bond in a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the trial court. (iii) Petitioners shall not tamper the prosecution witnesses in any manner. (iv) Petitioners shall attend the Court regularly. (v) Petitioners shall not indulge in similar offences in future. (vi) Petitioners shall not leave the Jurisdiction of Haveri, Gadag and Dharwad districts without prior permission. - 5 - NC: 2025:KHC-D:5974 CRL.P No. 101539 of 2025 C/W CRL.P No. 101391 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.: 40