- 1 - HC-KAR NC: 2025:KHC-D:10176 CRL.P No. 103008 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. 103008 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: DURGAPRASAD S/O B. HULUGAYYA, AGED ABOUT 27 YEARS, OCC. JCB MECHANIC WORK, R/AT. NEAR BALARA BALA MANDIRA, BASAVANKUNTE, BALLARI-583 103. … PETITIONER (BY SRI. RAHUL SHRIKANT BHUSHI, ADVOCATE) AND: STATE BY GANGAVATHI TOWN P.S., DIST. KOPPAL, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. … 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 ON BAIL IN CR. NO.110/2025 THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 20(B) (II) (B), 23(B) OF NDPS ACT, REGISTERED BY THE RESPONDENT GANGAVATHI TOWN PS, ON THE FILE OF ADDL. DISTRICT AND SESSIONS COURT, GANGAVATHI, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:10176 CRL.P No. 103008 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.5 in Crime No.110 of 2025 registered by Gangavathi Town Police Station, Gangavathi Sub- Division, Koppal, for offences punishable under Sections 20(b)(ii)(B), 23(b) of NDPS Act, is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.110 of 2025 was registered by Gangavathi Town Police Station, Gangavathi Sub-Division, Koppal for the aforesaid offences against Manikanta and seven others based on the first information dated 28.05.2025 received from T.G. Nagaraj, Police Officer attached to Gangavathi Town Police Station. During the course of investigation, the petitioner herein was arrested on 29.05.2025 and subsequently remanded to judicial - 3 - HC-KAR NC: 2025:KHC-D:10176 CRL.P No. 103008 of 2025 custody. His bail application filed before the jurisdictional Sessions Court was rejected. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Accused Nos.1, 3, 6 and 8 have been granted regular bail by the Coordinate Bench of this Court in Criminal Petition No.102262 of 2025 and connected petitions, disposed of on 08.07.2025 and accused Nos.4 and 7 have been granted regular bail by the Jurisdictional Sessions Court. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that the petitioner has been visiting Thailand frequently and therefore, the Police suspect that he is a peddler. Though investigation is completed, charge sheet is yet to be filed in the present case. Accordingly, she prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC-D:10176 CRL.P No. 103008 of 2025 6. The material on record would go to show that based on the credible information received on 28.05.2025, the first informant along with his staff had intercepted two cars bearing registration numbers KL-66/A-1989 and KA- 34/N-6221, and it was found that accused Nos.1 to 8 were travelling in these two cars and from the car in which accused Nos.5 to 8 were travelling, contraband article allegedly hydroganja totally weighing 1,806 grams was recovered and seized under a panchanama. Thereafter, mobile phones of the accused and two cars were also seized and subsequently, FIR was registered against eight persons, who were apprehended. 7. It is not in dispute that the petitioner has no other criminal antecedents. Accused Nos.1, 3, 6 and 8 have been granted regular bail by the Coordinate Bench of this Court in Criminal Petition No.102262 of 2025 and connected petitions, disposed of on 08.07.2025 and accused Nos.4 and 7 have been granted regular bail by the Jurisdictional Sessions Court. The seized contraband article, allegedly - 5 - HC-KAR NC: 2025:KHC-D:10176 CRL.P No. 103008 of 2025 hydroganja, is undisputedly of intermediate quantity and the maximum punishment for the said offences is imprisonment for a period of 10 years. The rigor under Section 37(1)(b) of the Act therefore cannot be made applicable as against the petitioner herein. Even otherwise similarly situated other accused persons have been already granted regular bail in the present case. Learned HCGP on instructions has submitted that though investigation is completed, charge sheet is yet to be filed. 8. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner – accused No.5 is directed to be enlarged on bail in Crime No.110 of 2025 registered by Gangavathi Town Police Station, Gangavathi Sub-Division, Koppal, for offences punishable under Sections 20(b)(ii)(B), 23(b) of NDPS Act, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:10176 CRL.P No. 103008 of 2025 (a) The petitioner 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; (b) The petitioner 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 petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future. (e) The petitioner 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.: 23