- 1 - HC-KAR NC: 2025:KHC-D:9018 CRL.P No. 102519 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102519 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: SHRI MOHAMMED KASEEM KUNDANAGUDA, S/O. ABU MOHAMMED, AGE: 38 YEARS, OCC: COOLIE, R/O. KUNDANAGUDDA, USMAN NAGAR, 3RD CROSS, TQ. BHATKAL, DIST. KARWAR, DIST. UTTARA KANNADA-581401. …PETITIONER (BY SRI. R. H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH BHATKAL TOWN POLICE STATION), R/BY. THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT: DHARWAD-580011. …RESPONDENT (BY SHRI ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (U/S.482 OF BNSS), SEEKING TO ISSUE A DIRECTION TO THE BHATKAL TOWN POLICE STATION, TO ENLARGE THE PRESENT PETITIONER, WHO IS ARRAYED AS ACCUSED NO.4 ON BAIL IN THE EVENT OF HIS ARREST BY THE BHATKAL TOWN POLICE IN CONNECTION WITH BHATKAL TOWN P.S. CRIME NO.129/2024, IN SPL.CASE. NO.53/2025, PENDING ON THE FILE PRINCIPAL DISTRICT AND SESSIONS JUDGE UTTAR KANNADA, KARWAR, FOR THE Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9018 CRL.P No. 102519 of 2025 ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 8(c) AND 20(b)(ii)(B) OF NDPS ACT 1985, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.R.H.Angadi, learned counsel for the petitioner and Sri.Abhishek Mallipatil, learned High Court Government Pleader for respondent-State. 2. The petitioner/accused No.4 has filed this petition under Section 438 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) seeking for anticipatory bail in connection with the Crime No.129/2024 of Bhatkal Town Police Station registered for the offences punishable under Section 8(c) and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, ‘the NDPS’). 3. The brief facts of the prosecution case are as under: - 3 - HC-KAR NC: 2025:KHC-D:9018 CRL.P No. 102519 of 2025 On 10.11.2024, the first information received credible information regarding the transportation of ganja in a vehicle. Hence, the first information secured his sub-staff and panchas, intercepted the vehicle bearing registration No.KA-51/AB-8802 and recovered 9Kgs 171 grams of ganja from the said car. This led to registration of FIR and investigation. 4. The present petitioner is a coolie by profession. Taking note of the fact that the seized ganja is intermediatory quantity and also taking note of the fact that the accused/petitioner does not have any criminal antecedents, and the fact that this Court has granted bail in favour of accused No.3 in Crl.P.No.100970/2025 dated 19.03.2025. The allegations against the petitioner and accused No.3 stands on the same footing. Hence, the bail request can be accepted by imposing suitable and stringent conditions. Accordingly, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC-D:9018 CRL.P No. 102519 of 2025 ORDER The petition filed by petitioner/accused No.4 is allowed. The petitioner/accused No.4 is ordered to be enlarged on anticipatory bail, in the event of his arrest by the respondent-police in Crime No.129/2024 on he executing a personal bond for a sum of Rs.1,00,000/- with one sureties for the like sum to the satisfaction of the S.H.O or I.O, subject to the following conditions: i) The petitioner/accused No.4 shall surrender himself before the S.H.O/I.O within a period of 15 days from today; ii) The petitioner/accused No.4 shall not tamper with the prosecution witnesses directly or indirectly; iii) The petitioner/accused No.4 shall cooperate with investigating agency till conclusion of the investigation. - 5 - HC-KAR NC: 2025:KHC-D:9018 CRL.P No. 102519 of 2025 iv) The petitioner/accused No.4 shall be regular in attendance before the trial Court. On violation of any of these conditions, the bail granted automatically stands cancelled. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 2