- 1 - HC-KAR NC: 2025:KHC-D:12300 CRL.P No. 103623 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103623 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI KARTIK S/O. SIDDAPPA MALLADAD, AGE. 25 YEARS, OCC. PRIVATE JOB, R/O. 1ST MAIN ROAD, 3RD CROSS, SHIVAJI NAGAR, BELAGAVI-590 016, TQ. AND DIST. BELAGAVI. … PETITIONER (BY SRI. VIDYASAGAR PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, (THROUGH MAL MARUTI 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, 2023), PRAYS THAT THE PETITIONER MAY BE ALLOWED AND PETITIONER/A1 MAY BE RELEASED ON BAIL IN MAL MARUTI P.S. CRIME NO.135/2025, FOR OFFENCES PUNISHABLE UNDER SECTION 21(B) OF NDPS ACT, WHICH IS PENDING BEFORE II ADDL. DISTRICT AND SESSION JUDGE BELAGAVI AT BELAGAVI, 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:12300 CRL.P No. 103623 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.135 of 2025, registered by Malamaruthi Police Station, Belagavi, for offence punishable under Section 21(b) of the NDPS 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.135 of 2025 was registered by Malamaruthi Police Station, Belagavi, for the aforesaid offence against the petitioner and another, based on the first information dated 22.07.2025, received from Manjunath Gurappa Bajantri, Police Officer attached to Malamaruthi Police Station, Belagavi. During the course of investigation, petitioner herein was arrested on 22.07.2025 and subsequently remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.974 of 2025 was rejected on 22.08.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:12300 CRL.P No. 103623 of 2025 4. Perusal of the material on record would go to show that, first informant had received credible information at about 15:30 hours on 22.07.2025 when he was in the Police Station, at about 18:00 p.m. a person making attempts to sell contraband articles heroin. Since the first informant had received the credible information when he was in the Police Station, in compliance of Section 42 of NDPS Act, he ought to have reduced the credible information in the prescribed register and thereafter, ought to have forwarded the same to his higher officers and after obtaining permission, should have proceeded further. In the case on hand, credible information was received while the first informant was in the Police Station on 22.07.2025 at about 15:30 hours. In the first information, it is stated that the credible information was reduced to writing in the personal diary of the first informant, which is not in compliance with the requirement of Section 42 of the NDPS Act. Further perusal of the FIR would go to show that such information was reduced to writing in the general diary - 4 - HC-KAR NC: 2025:KHC-D:12300 CRL.P No. 103623 of 2025 maintained in the Police Station at about 23:15 hours and the FIR was also registered at the same time in the present case. Raid was conducted to the alleged spot at about 18:53 hours and the petitioner was apprehended from the said spot and the contraband articles allegedly heroin totally weighing 16 grams was seized from him. Thereafter, the petitioner and the seized contraband were brought to the Police Station and FIR was registered against him at about 23:15 hours. Therefore, it is apparent that there is no compliance of Section 42 of the NDPS Act in the present case. 5. The contraband articles heroin weighing up to 5 grams is considered as small quantity and weighing above 250 grams is considered as commercial quantity. In the present case, contraband article seized is 16 grams which is little more than small quantity. Undisputedly, petitioner has no criminal antecedent. Major portion of the investigation is completed. Since the contraband article seized in the case is not of commercial quantity, the rigor under Section - 5 - HC-KAR NC: 2025:KHC-D:12300 CRL.P No. 103623 of 2025 37(1)(b) of the NDPS Act cannot be made applicable against the petitioner. Under the circumstances, I am of the opinion, prayer made by petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Crime No.135 of 2025, registered by Malamaruthi Police Station, Belagavi, for offence punishable under Section 21(b) of the NDPS 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; 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; - 6 - HC-KAR NC: 2025:KHC-D:12300 CRL.P No. 103623 of 2025 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.: 25