- 1 - NC: 2025:KHC-D:7161 CRL.P No. 101859 of 2025 C/W CRL.P No. 101685 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO.101859 OF 2025 C/W CRIMINAL PETITION NO. 101685 OF 2025 CRL.P.NO.101859/2025: BETWEEN: SANDEEP S/O. PARSHURAM BANKAPUR, AGE: 22 YEARS, OCC: COOLIE, R/O: NEAR PRIVATE BUS STAND SAVANUR, TQ: SAVANOOR, DIST: HAVERI – 581 118. …PETITIONER (BY SRI. V.M.BANAKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ADUR P.S. R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD – 580 011. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL, IN CONNECTION WITH ADUR PS CR NO.57/2025, PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, HAVERI REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7161 CRL.P No. 101859 of 2025 C/W CRL.P No. 101685 of 2025 20(B) (II) (B) OF NDPS ACT 1985, IN THE INTEREST OF JUSTICE AND EQUITY. CRL.P.NO.101685/2025: BETWEEN: FHAYEEM S/O. NAJEER AHMED KARJAGI, AGE: 27 YEARS, OCC: COOLIE, R/O: DEAGIRI ONI SAVANUR, TQ: SAVANOOR, DIST: HAVERI – 581 118. …PETITIONER (BY SRI. V. M. BANAKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ADUR P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD – 580 011. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL, IN CONNECTION WITH ADUR PS CR.NO.57/2025, PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE HAVERI, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(b) (ii) (B) OF NDPS ACT 1985, IN THE INTEREST OF JUSTICE AND EQUITY. THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:7161 CRL.P No. 101859 of 2025 C/W CRL.P No. 101685 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Criminal Petition No.101859/2025 is filed by accused No.2 and Criminal Petition No.101685/2025 is filed by accused No.4 seeking bail in Adur Police Station Crime No.57/2025 pending on the file of the learned Principal District and Sessions Judge, Haveri. 2. On the basis of suo motu complaint filed by the CPI-Anjaneya N.H., Adur Police have registered a case in Crime No.57/2025 against the accused by name Altaf Najeer Ahmad Bagavale and others for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act. Names of other accused are not shown in the FIR. 3. I have heard the arguments of the learned counsel for the petitioners and also the learned AGA in both the petitions. 4. The substance of the FIR is as under: - 4 - NC: 2025:KHC-D:7161 CRL.P No. 101859 of 2025 C/W CRL.P No. 101685 of 2025 “F ¢ªÀ¸À ¢£ÁAPÀ: 23.03.2025 gÀAzÀ ¸ÁAiÀÄAPÁ® 19-00 WÀAmÉAiÀÄ ¸ÀªÀiÁjUÉ ºÁªÉÃj¬ÄAzÀ ºÁ£ÀUÀ®è PÀqÉUÉ MAzÀ ©½AiÀÄ PÁgÀ £ÀA§gÀ PÉJ-17/¹-2628 £ÉÃzÀÝgÀ° C¯ÁÛ¥sï vÀAzÉ £ÀfÃgÀDºÀäzÀ ¨ÁUÀªÁ¯É ¸Á: ¸ÀªÀtÆgÀ C£ÀÄߪÀ ªÀåQÛ ºÁUÀÆ EvÀgÀgÀÄ ¸ÉÃjPÉÆAqÀÄ CPÀæªÀĪÁV ¸ÀĪÀiÁgÀÄ 6- 7 PÉ.f. AiÀĵÀÄÖ UÁAeÁªÀ£ÀÄß ªÀiÁgÁl ªÀiÁqÀĪÀ GzÉÝñÀ¢AzÀ ¸ÁUÁl ªÀiÁqÀÄwÛgÀĪÀ §UÉÎ RavÀ ¨Áwäà §AzÀ ªÉÄÃgÉUÉ ¸ÀzÀj CPÀæªÀÄ UÁAeÁ ¸ÁUÁl ªÀiÁqÀÄwÛgÀĪÀªÀgÀ ªÉÄÃ¯É ¦AiÀiÁð¢zÁgÀgÀÄ ¤ÃrzÀ ¸ÀgÀPÁj vÀ¦ð zÀÆj£À ªÉÄÃgÉUÉ ¥ÀæPÀgÀt zÁR°¹ vÀ¤SÉ PÉÊUÉÆArzÀÄÝ EgÀÄvÀÛzÉ,” 5. Learned counsel for the petitioners would contend that, the police have not seized ganja from the possession of the petitioners and even their names are not shown in the FIR and only during the course of investigation, the Investigating Officer has arrested the present petitioners on 23.03.2025. Since the date of their arrest, they are in judicial custody. He would further contend that the Investigating Officer has not complied the mandatory provisions of Section 467 of Bharatiya Nagarik Suraksha Sanhita, 2023 and also not complied the mandatory provisions of the NDPS Act and the petitioners are not required for further investigation. The petitioners have not committed any offence. They are innocent and prior to the alleged incident, the petitioners were not involved in any crime. The age of accused No.2 is 22 years and the - 5 - NC: 2025:KHC-D:7161 CRL.P No. 101859 of 2025 C/W CRL.P No. 101685 of 2025 age of accused No.4 is 27 years. They are coolie by profession. They are ready to abide by any condition that may be imposed by this Court and hence, sought to allow the petitions. 6. Learned AGA orally opposes the petitions and sought for dismissal of the petitions. 7. On perusal of the FIR, it is crystal clear that, the names of the petitioners are not shown in the FIR and admittedly, the Investigating Officer has not seized ganja from the possession of the present petitioners. 8. Taking into consideration the nature and gravity of the offence and the accusation made against the petitioners, at this stage, it is just and proper to release the petitioners on bail. 9. Accordingly, I proceed to pass the following: ORDER Criminal Petitions are allowed. - 6 - NC: 2025:KHC-D:7161 CRL.P No. 101859 of 2025 C/W CRL.P No. 101685 of 2025 The petitioners/accused Nos.2 and 4 shall be released on bail in Adur Police Station Crime No.57/2025 pending on the file of the learned Principal District and Sessions Judge, Haveri, subject to the following conditions: i) The petitioners/accused Nos.2 and 4 shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each for the likesum to the satisfaction of the trial Court. ii) The petitioners/accused Nos.2 and 4 shall make themselves available for interrogation by police officer as and when required. iii) The petitioners/accused Nos.2 and 4 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the court or to any police officer. iv) The petitioners/accused Nos.2 and 4 shall not tamper the prosecution witnesses in any manner. Sd/- (G BASAVARAJA) JUDGE Kmv CT-ASC