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2025 DAILYLAW 53656 (KAR)

SRI HANSHIN T S/O KUMAR S PANICKER v. STATE OF KARNATAKA

CRL.P/101497/2025 · 2025-04-21

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6628 CRL.P No. 101497 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101497 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. HANSHIN T. S/O. KUMAR S. PANICKER, AGED ABOUT 20 YEARS, R/O. 57, ASHATHY NILAYAM, 3RD CROSS, CHINNAPPANAHALLI, VTC, BENGALURU NORTH, BENGALURU-560 037. …PETITIONER (BY SRI. SRINATH KULKARNI, ADVOCATE) AND: STATE OF KARNATAKA BY HUBBALLI TOWN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, DHARWAD-580011. …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.1 ON BAIL IN CONNECTION WITH CRIME NO. 11/2025, OF HUBBALLI TOWN P.S., FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 20(b)(ii)(b) OF NARCOTIC DRUGS AND PSYCOTROPIC SUBSTANCES ACT, 1985, PENDING ON THE FILE OF THE JMFC I COURT HUBBALLI-DHARWAD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 11:16:21 +0530 - 2 - NC: 2025:KHC-D:6628 CRL.P No. 101497 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Srinath Kulkarni, learned counsel for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petitioner has approached this Court under Section 483 Bharatiya Nagarika Suraksha Sanhita, 2023 with the following prayer: “To enlarge the Petitioner/Accused No.1 on bail in connection with Crime No. 11/2025, of Hubballi town P.S., for the alleged offences punishable under Sections 20(b)(ii)(b) of Narcotic Drugs and Psycotropic Substances Act, 1985, pending on the file of the JMFC I Court Hubballi-Dharwad.” 3. Facts in a nutshell, which are utmost necessary for the disposal of the present petition are as under: ASI, CCB, Hubli by name B.N. Langoti lodged a report with Town Police Station, Hubli on 22.01.2025, which was registered in Crime No.11/2025 for the offence punishable under Sections 20(b), (ii) A of the Narcotic - 3 - NC: 2025:KHC-D:6628 CRL.P No. 101497 of 2025 Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’). 4. The gist of the compliant, on credible information complainant along with sub-staff visited room No.306 in Ajantha Hotel, raided the said room and recovered 150 grams of charas from the custody of the petitioners and took the said persons to custody and filed a chargesheet. 5. After thorough investigation, chargesheet came to be filed for the offences punishable under Sections 20(b), (ii) B and 27(B) of the NDPS Act. 6. Since the seized NDPS is of intermediary quantity, embargo under Section 37 of the NDPS Act is not applicable to the case on hand. 7. Taking note of the fact that the chargesheet is filed, continuation of the accused/petitioners in judicial custody is no longer warranted as there is no criminal antecedents insofar as the petitioner is concerned. - 4 - NC: 2025:KHC-D:6628 CRL.P No. 101497 of 2025 8. Accordingly, the following order is passed. ORDER (i) The petition allowed. (ii) The petitioner is directed to be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- with two sureties of which one is local surety and other is cash surety in a sum of Rs.1,00,000/- for the likesum to the satisfaction of the trial Court. (iii) The petitioner shall not tamper with prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. (v) Petitioner shall not leave the jurisdiction of Bengaluru and Dharwad Districts without prior permission. - 5 - NC: 2025:KHC-D:6628 CRL.P No. 101497 of 2025 (vi) Petitioner shall not indulge in similar offences. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT:PA LIST NO.: 1 SL NO.: 15