- 1 - HC-KAR NC: 2025:KHC-D:10435 CRL.P No. 103174 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103174 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: ADITYA S/O RAJU PADALKAR, AGE. 24 YEARS, STUDENT, R/O. SHIVAJI NAGAR, GOVANDI MUMBAI IN MAHARASTRA STATE, PIN CODE-400 043. … PETITIONER (BY SRI. GURUKIRAN ASHOK HANAGANDHI, ADVOCATE) AND: STATE OF KARNATAKA THROUGH MARKET PS BELAGAVI R/BY LEARNED HCGP, HIGH COURT OF KARNATAKA BENCH AT DHARWAD, PIN CODE-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.4 PURSUANT TO AN FIR REGISTERED BY BELAGAVI MARKET POLICE STATION CRIME NO.117/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 21(B) OF NDPS ACT, 1985, ON THE FILE OF II ADDL.DISTRICT AND SESSIONS JUDGE, BELAGAVI. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10435 CRL.P No. 103174 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.4 in Crime No.117/2025 registered by Market Police Station, Belagavi District for offence punishable under Section 21(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.117/2025 was registered by Market Police Station, Belagavi District for the aforesaid offences against Rehan Muhammadgous Rotiwale and others, based on the first information dated 29.06.2025 received from Vittal Havannavar, Police Officer attached to Market Police Station, Belagavi. In the said FIR, petitioner is arrayed as accused No.4. Apprehending arrest in the case, petitioner had filed Criminal Miscellaneous No.839/2025 before the Jurisdictional Sessions Court which was rejected on 21.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that seizure of contraband articles is from the cupboard of the house - 3 - HC-KAR NC: 2025:KHC-D:10435 CRL.P No. 103174 of 2025 in which the accused were residing. Undisputedly, petitioner was not present in the house when the alleged raid was conducted by the first informant. Accused Nos.2 and 3 who were arrested from the house and have been granted regular bail by this Court in Criminal Petition No.102960/2025 on the ground that they are students. Petitioner is also a student of the very same institution in which accused Nos.2 and 3 are pursuing their Homeopathic Medical degree course. Petitioner is required to appear for his examinations which is scheduled to commence from 20.08.2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP opposes the petition. 6. In the first information, which is submitted on 29.06.2025 by the Police Officer attached to Market Police Station, Belagavi, he has stated that based on the credible information received, he had conducted a raid to the premises in which accused named in the FIR were residing and contraband articles allegedly heroin, totally weighing 35 grams, was seized from a cupboard in the house and subjected to panchanama. Undisputedly petitioner was not in the house - 4 - HC-KAR NC: 2025:KHC-D:10435 CRL.P No. 103174 of 2025 when the raid was conducted and the other accused, named in the FIR, who was present in the house were arrested and remanded to judicial custody. Accused Nos.2 and 3 have been granted regular bail by this Court in Criminal Petition No.102960/2025, considering the fact that seized contraband article is of intermediate quantity and accused Nos.2 and 3 are students pursuing their Homeopathic Medical degree course in A.M. Shaikh Homeopathic Medical College, Belagavi. Material on record would go to show that petitioner is also a student pursuing his Homeopathic Medical degree course in the very same institution and his examinations are scheduled to commence from 20.08.2025 onwards. Undisputedly, petitioner has no criminal antecedent. He has undertaken to co-operate with the Police for the purpose of investigation. Under the circumstances, the prayer made for anticipatory bail needs to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.117/2025 registered by Market Police Station, Belagavi District for offence - 5 - HC-KAR NC: 2025:KHC-D:10435 CRL.P No. 103174 of 2025 punishable under Section 21(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions: i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH LIST NO.: 1 SL NO.: 39