- 1 - HC-KAR NC: 2025:KHC-D:11445 CRL.P No. 103464 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103464 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KALYANBABU S/O CHINNANAGU SHIKARI, AGE. 23 YEARS, OCC. COOLIE, R/O. ANANTHAPUR BUDDAPPA NAGAR, MDO OFFICE, STATE: ANDRA PRADESH. … PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH GADAG RURAL POLICE STATION, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.6 ON BAIL IN GADAG RURAL P.S. CRIME NO.148/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985, THE ORDER PASSED BY THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG, IN THE INTEREST OF JUSTICE AND EQUITY. 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:11445 CRL.P No. 103464 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.6 in Crime No.148/2025 registered by Gadag Rural Police Station, for the offences punishable under Sections 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.148/2025 registered by Gadag Rural Police Station for the aforesaid offence against Bapu Punjappa and 3 others based on the first information dated 10.07.2025 received from Murtuja Khadri, Police Officer, Gadag Rural PS. During the course of investigation, petitioner was arrested on 15.07.2025 and subsequently remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Crime No.148 of - 3 - HC-KAR NC: 2025:KHC-D:11445 CRL.P No. 103464 of 2025 2025 was rejected on 31.07.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that based on credible information received on 10.07.2025, a raid was conducted to the alleged spot where some of the accused named in FIR were making attempts to sell contraband articles ganja to public and from the said spot, accused Nos.1 and 2 were arrested and from their possession contraband article allegedly ganja totally measuring 1301 gms was seized. In the first information it is alleged that accused Nos.1 and 2 had purchased the aforesaid ganja from accused Nos.3 and 4 and had brought the same to the alleged spot for selling the contraband articles and making illegal gain. 5. It appears that during the course of investigation arrested accused had confessed that they had purchased the contraband articles from the petitioner and it is under these circumstances, petitioner was arrested in the present - 4 - HC-KAR NC: 2025:KHC-D:11445 CRL.P No. 103464 of 2025 case on 14.07.2025 and from his possession, contraband articles alleged ganja totally weighing 1823 gms. was seized. Ganja weighing up to 1 kg. is a small quantity and weighing above 20 kgs. is considered as commercial quantity. 6. In the present case, contraband article allegedly ganja seized from the possession of the petitioner is little more than the small quantity, therefore the same can be considered as intermediate quantity. Undisputedly, the petitioner has no other criminal antecedent. He is in custody from 14.07.2025. Maximum punishment for the alleged offence is imprisonment for a period of 10 years. Major portion of the investigation is already completed. Accused Nos.1 and 2 who were arrested in the present case have been granted regular bail by this Court in Crl.P.No.103205/2025 and accused No.3 has been granted regular bail in Crl.P.No.103224/2025. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC-D:11445 CRL.P No. 103464 of 2025 ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.148/2025 registered by Gadag Rural Police Station, for the offences punishable under Sections 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions: a. 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; b. 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; - 6 - HC-KAR NC: 2025:KHC-D:11445 CRL.P No. 103464 of 2025 c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE Vmb/CT BCK