- 1 - HC-KAR NC: 2025:KHC-D:17033 CRL.P No. 104434 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104434 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI SHIVKUMAR S/O. BALAKRISHNA ASABE, AGE. 30 YEARS, OCC. DRIVER, R/O. UMBARWADI, MAHAGAON, TQ. GADHINGLAJ, DIST. KOLHAPUR, PIN-416503. …PETITIONER (BY SRI. MAHANTESH S.HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CEN POLICE STATION, BELAGAVI CITY, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, GRANT A BAIL TO THE PETITIONER/ACCUSED NO, 8 OF CEN POLICE STATION BELAGAVI CITY IN CRIME NO.55/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION UNDER SECTIONS 20(B)(II)(B) AND 27(B) OF NDPS ACT WHICH IS PENDING BEFORE II ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI IN SPECIAL CASE NO.582/2025 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17033 CRL.P No. 104434 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner who is arrayed as accused No.8 is before this Court seeking for grant of regular bail in Crime No.55/2025 of respondent-police for the offences under Sections 20(b)(ii)(B) and 27(B) of Narcotic Drugs and Psychotropic Substances, Act, 19851. Brief facts of the case: 2. The case of the prosecution is that, the complainant is working as PSI, Central Police Control Room, Belagavi, lodged a complaint stating that on 29.06.2025 around about 01:05 p.m., when he was working in a Control Room, he had received an information that two persons are coming from Chigarimal Cross to sell Ganja to the youths and other persons. After receiving the said information, he has completed the formalities and went to the spot along 1 For short, ‘NDPS Act’ - 3 - HC-KAR NC: 2025:KHC-D:17033 CRL.P No. 104434 of 2025 with staff and panch witness. When they reached near the said place, after sometime, they have noticed that one person was sitting on his motorcycle and another person was standing near his motorcycle. On seeing them, the person standing in the said area along with his vehicle was having black coloured college bag near his foot-rest. Suspecting the involvement in selling the contra band, the complainant and his staff apprehended them and conducted search and seizure. It is stated that they have seized ganja along with motor cycle. Thereafter, they registered a case against the petitioner and other accused for the offence stated supra. 3. Heard Sri. Mahantesh S. Hiremath, learned counsel for the petitioner and Sri. Praveena Y. Devaraddiyavara, learned High Court Government Pleader for respondent-State. 4. The submission of the learned counsel for the petitioner is that, the petitioner is arrayed as accused No.8, his name was substituted in the remand application on the - 4 - HC-KAR NC: 2025:KHC-D:17033 CRL.P No. 104434 of 2025 basis of the voluntary statement of other accused. At his instance, two mobile handsets were seized. Though, the petitioner has not committed any offence, his name has been implicated only to harass the petitioner and also to show the statistics to the higher officials. 5. It is further submitted that, the petitioner is having no criminal antecedents either of similar nature or any other criminal cases pending against him. The petitioner is aged about 30 years and working as a Driver and is the permanent resident of Umbarwadi, Mahagaon, Tq. Gadhinglaj, Dist. Kolhapur. He will abide by the conditions that would be imposed by this Court. Therefore, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, the accused is clearly involved in this case. The investigation discloses that, the petitioner along with others was in habit of selling Ganja to the youths and the public at - 5 - HC-KAR NC: 2025:KHC-D:17033 CRL.P No. 104434 of 2025 large with intention to create havoc in the locality and the society at large. In case, if the petitioner is enlarged on bail, there may be chances of committing similar offence in future. Hence, it is not appropriate to grant him bail. 7. Having heard the learned counsels for the respective parties and on perusal of the averments of the complaint and remand application, produced along with the petition, it appears from the record that, initially, complaint was lodged only against four persons. Subsequently, after arrest of these persons, the name of the present petitioner has been included in the remand application. The investigation would indicate that, two mobile handsets were recovered at the instance of the petitioner to show that there was a nexus between the accused Nos.1 to 4 and the present petitioner. Be that as it may, this Court is satisfied with the submission of the learned counsel for the petitioner without mentioning the merit of the case. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:17033 CRL.P No. 104434 of 2025 ORDER (i) The petition is allowed. (ii) The petitioner/accused No.8 is ordered to be enlarged on bail in Crime No.55/2025 of respondent-Police for the offences under Sections 20(b)(ii)(B) and 27(B) of Narcotic Drugs and Psychotropic Substances, Act, 1985, on executing personal bond in a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:17033 CRL.P No. 104434 of 2025 (v) The petitioner shall not involve in any criminal cases till disposal of the case. (vi) The petitioner shall mark his attendance before the Police station within the locality where he is presently living. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE RH/CT: UMD List No.: 1 Sl No.: 35