- 1 - HC-KAR NC: 2025:KHC-D:10886 CRL.P No. 103259 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103259 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SHRI PRAVEEN S/O SURESH KAKATIKAR, AGE. 27 YEARS, OCC. COOLIE, R/O. MATH GALLI, KAKATI, TQ. AND DIST. BELAGAVI-591 113. 2. SHRI IRAPPA S/O YALLAPPA BHAVIMANI, AGE. 25 YEARS, OCC. COOLIE, R/O. DESAI GALLI, KAKATI, TQ. AND DIST. BELAGAVI-591 113. … PETITIONERS (BY SRI. GUDODAGI RAMESH SHANKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KAKATI P.S., REP. BY HCGP, 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, 2023), PRAYING TO ORDERED TO BE ENLARGED ON BAIL IN CONNECTION KAKATI P.S. CRIME NO.136/2025 PENDING ON THE FILE OF THE II ADDL. DIST AND SESSIONS JUDGE BELAGAVI, FOR OFFENCES PUNISHABLE UNDER SECTION 20(B) OF NDPS ACT BY GRANT OF REGULAR BAIL TO THE PETITIONERS/ACCUSED NO.1 AND 2, 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:10886 CRL.P No. 103259 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused nos.1 & 2 in Crime No.136/2025 registered by Kakati Police Satation, Belagavi City, for the offences punishable under Section 20(b) of the NDPS Act, 1985, are 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.136/2025 was registered by Kakati Police Station, Belagavi City, for the aforesaid offence against the petitioners herein based on the first information dated 24.06.2025 received from Suresh P.Shingi – Police Officer attached to Kakati Police Station. During the course of investigation petitioners who are arrayed as accused nos.1 & 2 in the FIR were arrested on 24.06.2025 and subsequently remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.825/2025 was rejected on 18.07.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that contraband article allegedly ganja totally weighing 1,384 grams - 3 - HC-KAR NC: 2025:KHC-D:10886 CRL.P No. 103259 of 2025 has been seized from the possession of the petitioners in the present case. The contraband article seized is a little more than small quantity. Undisputedly, petitioners do not have any criminal antecedents. The maximum punishment for the alleged offence is imprisonment for a period of 10 years. Investigation of the case is completed and charge sheet has been already filed. Under the circumstances, I am of the opinion that petitioners’ prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.136/2025 registered by Kakati Police Satation, Belagavi City, for the offences punishable under Section 20(b) of the NDPS Act, 1985, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, 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; - 4 - HC-KAR NC: 2025:KHC-D:10886 CRL.P No. 103259 of 2025 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 KK CT:BCK LIST NO.: 1 SL NO.: 41