- 1 - HC-KAR NC: 2025:KHC-D:11895 CRL.P No. 103640 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103640 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. AKSHAY S/O MALLAPPA BOOSANNAVAR, AGE. 21 YEARS, OCC. STUDENT, R/O. H.NO.221, MAHALINGESHWAR NAGAR, NEAR SC/ST HOSTEL, TQ. GOKAK, DIST. BELAGAVI. … PETITIONER (BY SRI. KISHOR SUDHAKAR SUTAR, ADVOCATE) AND: STATE OF KARNATAKA, BY CEN CRIME POLICE STATION, BELAGAVI CITY, BELAGAVI, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-581 110. … 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 ON BAIL WHO IS ARRAYED AS ACCUSED NO.1, IN CONNECTION WITH THE CRIME NO.0053/2025 REGISTERED BY BELAGAVI CEN CRIME PS FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(B) OF THE NDPS ACT, PENDING BEFORE 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:11895 CRL.P No. 103640 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.53 of 2025 registered by Belagavi C.N. Crime Police Station, Belagavi for offence punishable under Section 20(b) of NDPS Act, 1985 is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.53 of 2025 was registered by Belagavi C.N. Crime Police Station, Belagavi for the offence against the petitioner and another based on the first information dated 02.07.2025 received from Sunil Kumar, Police Officer attached to Belagavi C.N. Crime Police Station. In the said case, petitioner was arrested on 02.07.2025 and was subsequently remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.922 of 2025 was rejected on 06.08.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:11895 CRL.P No. 103640 of 2025 4. Perusal of the material on record could go to show that allegation against accused Nos.1 and 2 in the present case is that on 02.07.2025 at about 14.30 hours, they were found to be in possession of contraband article allegedly ganja, totally weighing 1 kg 140 grams. It is under these circumstances, FIR was registered against them. Undisputedly petitioner has no other criminal antecedent. Investigation of the case is said to have been completed and charge sheet is already filed. Contraband articles seized in the present case is found to be little more than small quantity. Therefore, it has to be considered as intermediate quantity. Rigour under Section 37(1)(b) of the NDPS Act therefore cannot be made applicable against the petitioner. The petitioner, who is a student, aged about 21 years, is in custody for the last more than 2 months. Accordingly, the following: ORDER i. Criminal Petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:11895 CRL.P No. 103640 of 2025 ii. The petitioner is directed to be enlarged on bail in Crime No.53 of 2025 registered by Belagavi C.N. Crime Police Station, Belagavi for offence punishable under Section 20(b) of NDPS Act, 1985, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 5 - HC-KAR NC: 2025:KHC-D:11895 CRL.P No. 103640 of 2025 4. The petitioner shall not involve in similar offences in future; 5. The petitioner 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 KGK CT:BCK LIST NO.: 1 SL NO.: 41