- 1 - HC-KAR NC: 2025:KHC-D:10921 CRL.P No. 103178 of 2025 C/W CRL.P No. 103268 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103178 OF 2025 C/W. CRIMINAL PETITION NO. 103268 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL.P.NO.103178 OF 2025: BETWEEN: MR. ANURAG S/O UDAYKUMAR YARNALKAR, AGE. 28 YEARS, OCC. BUSINESS, R/O. #3722, HOUSING COLONY, SANKESHWAR, TQ. HUKKERI, DIST. BELAGAVI-591 309. … PETITIONER (BY SRI. HARSHAWARDHANA M. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BELAGAVI CITY CEN CRIME PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER (ACCUSED NO.2) ON REGULAR BAIL IN BELAGAVI CITY CEN CRIME P.S. CRIME NO.55/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(B)(II) (B) OF RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10921 CRL.P No. 103178 of 2025 C/W CRL.P No. 103268 of 2025 NDPS ACT ON THE FILE OF 2ND ADDL. DISTRICT AND SESSIONS COURT BELAGAVI, IN THE ENDS OF JUSTICE. IN CRL.P.NO.103268 OF 2025: BETWEEN: TAJIB S/O ABDUL RAZAK MULLA, AGE. 26 YEARS, OCC. SALESMAN, R/O. MALLAPUR PG, TQ. GOKAK, DIST. BELAGAVI-591 218. … PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BELAGAVI CEN CRIME POLICE STATION, NOW REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO GRANT BAIL TO THE ACCUSED NO.1 IN CRIME NO.55/2025 REGISTERED BY THE RESPONDENT BELAGAVI CITY CEN CRIME P.S. FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 20(B)(II) (B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 (NDPS), ACT PENDING BEFORE 2ND ADDL. DISTRICT AND SESSIONS COURT BELAGAVI, IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-D:10921 CRL.P No. 103178 of 2025 C/W CRL.P No. 103268 of 2025 THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in Crime No.55 of 2025 registered by Belagavi City CEN Crime Police Station, Belagavi City, for offence punishable under Section 20(b)(ii)(B) of the NDPS Act, are before this Court in these two petitions under Section 439 of the Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.55 of 2025 was registered by Belagavi City CEN Crime Police Station, Belagavi City for the aforesaid said offence, against the petitioners herein and others, based on the first information dated 29.06.2025 received from Manjunath Hulkund, Police Officer attached to Belagavi City CEN Crime Police Station, Belagavi. During the course of investigation, the petitioners, who are arraigned - 4 - HC-KAR NC: 2025:KHC-D:10921 CRL.P No. 103178 of 2025 C/W CRL.P No. 103268 of 2025 as accused Nos.1 and 2 in the FIR were arrested on 29.06.2025 and remanded to the judicial custody. Their bail application filed before the Jurisdictional Trial Court was rejected and therefore, they are before this Court in these two petitions. 4. Learned counsel for the petitioners submits that the seized contraband article is of intermediate quantity. The petitioners have no criminal antecedents. The investigation is completed and charge sheet is filed. Accordingly, he prays to allow the petitions. 5. Per contra, learned HCGP, who has opposed the petitions does not dispute the submission made by the learned counsel for the petitioners. 6. In the first information submitted by the Police Officer attached to Belagavi City CEN Crime Police Station, Belagavi, he has stated that on 29.06.2025 at about 15.05 hours, when he was on duty, he received credible information about an attempt to sell the contraband article - 5 - HC-KAR NC: 2025:KHC-D:10921 CRL.P No. 103178 of 2025 C/W CRL.P No. 103268 of 2025 within the jurisdiction of Belagavi City CEN Crime Police Station, Belagavi. Thereafter, the first informant along with the staff and panchas had raided the alleged spot where attempt was being made to sell the contraband article and from the said spot, accused Nos.1 and 2 were apprehended and from their possession, contraband article allegedly ganja, totally weighing 5 kg 652 grams, was recovered and seized under a panchanama. In addition to the contraband article, the mobile phone and other articles were also seized from the possession of accused Nos.1 and 2. 7. Undisputedly, the petitioners herein who are arrayed as accused Nos.1 and 2 in the FIR do not have any criminal antecedents. The seized contraband article allegedly ganja is of the intermediate quantity, the maximum punishment for the alleged offence is imprisonment for a period of ten years. The investigation of the case is completed and charge sheet is already filed. Under the circumstances, I am of the opinion that the prayer made by the petitioners in these two petitions for - 6 - HC-KAR NC: 2025:KHC-D:10921 CRL.P No. 103178 of 2025 C/W CRL.P No. 103268 of 2025 grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petitions are allowed. The petitioners – accused Nos.1 and 2 are directed to be enlarged on bail in Crime No.55 of 2025 registered by Belagavi City CEN Crime Police Station, Belagavi City, for offence punishable under Section 20(b)(ii)(B) of the NDPS Act, subject to the following conditions: (i) The petitioners – accused Nos.1 and 2 shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the like sum to the satisfaction of the jurisdictional Court; (ii) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; (iii) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioners shall not involve in similar offences in future. - 7 - HC-KAR NC: 2025:KHC-D:10921 CRL.P No. 103178 of 2025 C/W CRL.P No. 103268 of 2025 (v) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 20