- 1 - HC-KAR NC: 2025:KHC-D:13181 CRL.P No. 103808 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103808 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MANJUNATH AJJAPPA KURER, AGE. 32 YEARS, OCC. AGRICULTURIST, R/O.K.S. SHIGIHALLI VILLAGE IN BAILHONGAL TALUKA, DIST. BELAGAVI-591 153. … PETITIONER (BY SRI. SHARAD M. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580 008, THROUGH SHO, HIREBAGEWADI POLICE STATION. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.106/2025 REGISTERED BY HIREBAGEWDI POLICE STATION, PENDING ON THE FILE OF SPL. JUDGE AND II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(b)(ii)(B) OF NDPS ACT, IN THE INTEREST OF JUSTICE. 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:13181 CRL.P No. 103808 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.106 of 2025 registered by Bagewadi Police Station, Belagavi, for offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.106 of 2025 was registered by Bagewadi Police Station, Belagavi, for the aforesaid offence against petitioner and another, on the basis of first information dated 09.07.2025 received from Manjunath Bhajantri, Police Officer, attached to Bagewadi Police Station. During the course of investigation, petitioner herein was arrested on 09.07.2025 and was remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.923 of 2025 - 3 - HC-KAR NC: 2025:KHC-D:13181 CRL.P No. 103808 of 2025 was rejected on 16.08.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that based on credible information received on 08.07.2025, a raid was conducted to the alleged spot where the accused were allegedly making attempts to sell contraband articles and from the alleged spot, petitioner was apprehended and from his possession, contraband article allegedly ganja totally weighing 2 kg. 82 grams was recovered and seized under a panchanama. Undisputedly, petitioner has no other criminal antecedents. Petitioner, aged 32 years, is said to be an agriculturist by avocation. The seized contraband article is of intermediate quantity and maximum punishment for alleged offence is imprisonment for a period of ten years. Learned HCGP has submitted investigation in the case is completed and charge sheet is ready. - 4 - HC-KAR NC: 2025:KHC-D:13181 CRL.P No. 103808 of 2025 5. Since the seized contraband article is of intermediate quantity, the rigour under Section 37(1)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 cannot be made applicable against the petitioner. Under the circumstances, I am of the opinion that prayer made by petitioner for grant of regular bail needs answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Crime No.106 of 2025 registered by Bagewadi Police Station, Belagavi, for offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC-D:13181 CRL.P No. 103808 of 2025 ii. 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; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future; v. 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 RSH / CT: BCK List No.: 1 Sl No.: 39