- 1 - HC-KAR NC: 2025:KHC-D:10173 CRL.P No. 102960 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102960 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SHRI GANESH KUMAR S/O ANIL NAGANE, AGE. 24 YEARS, HOMEOPATHY MEDICAL STUDENT, R/O. HOJEWADI, TQ. PANDARPUR HOJEWAD, DIST. SOLAPUR RURAL, MAHARASHTRA, (PRESENTLY RESIDING AT SUBHASH NAGAR, BELAGAVI). 2. SAYYED JANISH S/O GULAB MAHAMAD ANGARSHA, AGE. 21 YEARS, OCC. HOMEOPATHY MEDICAL STUDENT, R/O. BARANGULE PLOT, R/O. BARSHI, TQ. BARSHI, DIST. SOLAPUR, MAHARASHTRA, (PRESENTLY RESIDING AT SUBHASH NAGAR). … PETITIONERS (BY SRI. M.J. PEERJADE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH P.S.I. BELAGAVI MARKET POLICE STATION, R/BY S.P.P., HIGH COURT OF KARNATAKA, BENCH DHARWAD. … 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 ENLARGED ON BAIL IN MARKET P.S. BELAGAVI CRIME NO.117/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 21(B) OF THE NDPS ACT, PENDING BEFORE II ND ADDL. SESSIONS COURT, BELAGAVI, BY ACCEPTING THEIR RESPECTIVE SURETIES, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10173 CRL.P No. 102960 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.2 and 3 in Crime No.117 of 2025 registered by the Market Police Station, Market Sub Division, Belagavi City, for offence punishable under Section 21(b) of the NDPS Act, are before this Court under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No. 117 of 2025 was registered by the Market Police Station, Market Sub Division, Belagavi City for the aforesaid offence against Rehan Mohammadgous and others based on the first information dated 29.06.2025 received from Vittal Havannavar, Police Officer attached to the Market Police Station, Belagavi City. During the course of investigation of the case, the petitioners were arrested on 29.06.2025 and subsequently - 3 - HC-KAR NC: 2025:KHC-D:10173 CRL.P No. 102960 of 2025 remanded to the judicial custody. Their bail application filed before the Jurisdictional Sessions Court in Crl. Misc. No.836/2025 was rejected on 16.07.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the petitioners are the students pursuing their Homoeopathy Degree Course and they are required to attend their examinations, which is scheduled to be commenced from 20.08.2025. They do not have any criminal antecedents and the seized contraband article is of intermediate quantity. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that the investigation of the case is under progress and the petitioners are hail from Maharashtra. Accordingly, she prays to dismiss the petition. 6. In the first information, which is submitted by the Police Officer attached to the Market Police Station, - 4 - HC-KAR NC: 2025:KHC-D:10173 CRL.P No. 102960 of 2025 Belagavi City, it is stated that on 28.06.2025, when he was in the Police Station, he received a credible information that certain persons had stocked contraband article allegedly heroine in an apartment, within the jurisdiction of the Market Police Station, Belagavi City, for the purpose of sale and after receipt of the said credible information, a raid was conducted to the premises, in which the accused persons are residing and the contraband article allegedly heroine totally weighing 35 grams, which was found inside the cupboard in the house, was seized and subjected to panchanama. Thereafter, the petitioners herein and another were arrested and remanded to the judicial custody. Undisputedly, the petitioners, who are arrayed as accused Nos.2 and 3 in the FIR do not have any criminal antecedents. 7. The material on record would go to show that the petitioners are students pursuing Homoeopathy Medicine Course in A.M. Shaikh Homoeopathic Medical College, Belagavi. Learned counsel for the petitioner has produced - 5 - HC-KAR NC: 2025:KHC-D:10173 CRL.P No. 102960 of 2025 material before this Court, which would prima facie go to show that they are required to attend their examinations, which is scheduled to commence from 20.08.2025 onwards. The seized contraband article allegedly heroine totally weigh 35 grams and the same is considered as an intermediate quantity as per entry No.56 in the relevant notification issued under the provisions of the NDPS Act. The maximum punishment for the said offence is imprisonment for a period of 10 years and therefore, the rigor under Section 37(1)(b) of the Act cannot be made applicable against the petitioners. 8. Under the circumstances, I am of the opinion that petitioners’ prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioners – accused Nos.2 and 3 are directed to be enlarged on bail in Crime No.117 of 2025 registered by the Market Police Station, Market Sub - 6 - HC-KAR NC: 2025:KHC-D:10173 CRL.P No. 102960 of 2025 Division, Belagavi City for offence punishable under Section 21(b) of the NDPS Act, subject to the following conditions: (a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the like sum to the satisfaction of the jurisdictional Court; (b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; (c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioners shall not involve in similar offences in future. (e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 22