- 1 - HC-KAR NC: 2025:KHC-D:10991 CRL.P No. 103206 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103206 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI MUSHAIB ZARARAHMED PATEL, AGE. 27 YEARS, OCC: DRIVER, R/O: H.NO.121, 7TH CROSS, NEW VEERABHADRA NAGAR, BELAGAVI-590 016. … PETITIONER (BY SRI. RAM P.GHORPADE, ADVOCATE) AND: STATE OF KARNATAKA, BY MARKET POLICE STATION, BELAGAVI, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-11. … 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), PRAYING TO ENLARGE HIM ON BAIL WHO IS ACCUSED NO.2 IN MARKET POLICE STATION, IN CRIME NO.113/2025 FOR THE ALLEGING OFFENCES PUNISHABLE UNDER SECTION 21(B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985, WHICH IS PENDING BEFORE THE 2ND ADDL. DISTRICT AND SESSIONS COURT BELAGAVI CITY, BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10991 CRL.P No. 103206 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 No.2 in Crime No.113 of 2025 registered by Market Police Station, Market Sub Division, Belagavi City for the offence punishable under Section 21(b) of the NDPS Act, 1985, is before this Court under Section 439 of the Cr.P.C. read with Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.113 of 2025 was registered by Market Police Station, Market Sub Division, Belagavi City for the aforesaid offence against Yunus Dastagirsab Sanadi and the petitioner herein, based on the first information dated 22.06.2025, received from Mahantesh Dhamannavar, Police Officer, attached to the Market Police Station, Belagavi City. During the course of investigation of the said case, the petitioner, who is arrayed as accused No.2 in the FIR was - 3 - HC-KAR NC: 2025:KHC-D:10991 CRL.P No. 103206 of 2025 arrested on 22.06.2025 and remanded to the judicial custody. His bail application filed before the jurisdictional sessions Court in Crl.Misc.No.808/2025 was rejected on 15.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the contraband article allegedly heroin totally weighing 21.22 grams was recovered from the possession of the petitioner. The total contraband article allegedly heroin seized in the present case is 48.22 grams. The same is of intermediate quantity. Charge sheet is not filed in the present case, till date and therefore, petitioner is entitled for statutory bail. 5. Per contra, learned HCGP, who has opposed the petition, submits that petitioner is a person with criminal antecedents. On instructions, she submits that charge sheet in the case is yet to be filed. - 4 - HC-KAR NC: 2025:KHC-D:10991 CRL.P No. 103206 of 2025 6. FIR in the present case has been registered against accused Nos.1 and 2 based on the first information submitted by the Police Officer attached to Market Police Station. 7. Material on record would go to show that contraband article allegedly heroin, totally weighing 48.22 grams has been recovered and seized under a panchanama from the possession of accused Nos.1 and 2. From the possession of accused No.2, the contraband article allegedly heroin, totally weighing 21.22 grams was seized. As per the relevant notification issued under the NDPS Act, contraband article heroin weighing above 250 grams is considered as commercial quantity. Therefore, it is apparent that the contraband article heroin seized in the present case is of intermediate quantity. The maximum punishment for the alleged offence is imprisonment for a period of ten years. Petitioner is in custody in the present case from 22.06.2025 onwards. The time limit for filing a charge sheet in the - 5 - HC-KAR NC: 2025:KHC-D:10991 CRL.P No. 103206 of 2025 present case is 60 days from the date of remand of accused, as provided under Section 187(3) of BNSS, 2023. 8. In the case on hand, even though the period of 60 days has lapsed from the date the petitioner was remanded to judicial custody, till date, charge sheet is not filed. Therefore, petitioner is entitled for statutory bail as provided under Section 187(3) of BNSS, 2023. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Crime No.113 of 2025 registered by Market Police Station, Market Sub Division, Belagavi City for the 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; - 6 - HC-KAR NC: 2025:KHC-D:10991 CRL.P No. 103206 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 VNP, RSH CT:BCK List No.: 1 Sl No.: 22