- 1 - HC-KAR NC: 2025:KHC-D:12306 CRL.P No. 103631 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. 103631 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MADIVALAPPA S/O MARTANDAPPA ANIKIVI, AGE. 27 YEARS, OCC. COOLIE, R/O. TADAKOD VILLAGE, NOW AT: VENKATAPUR VILLAGE, TQ. AND DIST, DHARWAD-580 011. … PETITIONER (BY SRI. VASANT G. HOLEYANNAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, PSI DHARWAD RURAL POLICE STATION, DHARWAD, PIN CODE-580 008. … 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 RELEASE THE PETITIONER/ACCUSED ON REGULAR BAIL IN DHARWAD RURAL POLICE STATION DHARWAD RURAL POLICE STATION CRIME NO.61/2025 I.E. SPL. NDPS CC NO.14/2023 FOR THE OFFENCES UNDER SECTION 20(B)II(B) OF NDPS ACT, WHICH IS PENDING ON THE FILE OF THE PRL. DISTRICT SESSIONS JUDGE, DHARWAD BY ALLOWING THIS APPLICATION 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:12306 CRL.P No. 103631 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. The accused in Special NDPS C.C. No.14 of 2023 pending before the Court of Principal District and Sessions Judge, Dharwad, arising out of Crime No.61 of 2023 registered by the Dharwad Rural Police Station, Dharwad Sub-Division, Dharwad District for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, is before this Court under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that on the merits of the case, the petitioner who was granted regular bail at crime stage by this Court in Criminal Petition No.100934 of 2023 for the reason that the petitioner had not appeared before the trial Court, he was arrested on - 3 - HC-KAR NC: 2025:KHC-D:12306 CRL.P No. 103631 of 2025 21.02.2025 and remanded to judicial custody. The petitioner is ready and willing to co-operate before the trial Court to dispose of the case on merits expeditiously. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. 5. Perusal of the materials on record would go to show that, the seized contraband article allegedly ganja totally weighing 2 kg. was seized from the possession of the petitioner on 19.03.2023 and on the said date he was arrested and subsequently remanded to the judicial custody. This Court in Criminal Petition No.100934 of 2023, disposed of on 18.05.2023 had granted bail to the petitioner in the present case at crime stage and it appears that subsequently after completing investigation, charge sheet was filed against the petitioner for the aforesaid offence. Since the petitioner had not appeared before the trial Court on the regular dates of hearing, non-bailable warrant was - 4 - HC-KAR NC: 2025:KHC-D:12306 CRL.P No. 103631 of 2025 issued against him and his presence was secured before the Court on 21.02.2025 and on the said day he was remanded to judicial custody. His bail application filed before the trial Court thereafter was dismissed on 22.04.2025. 6. Be that as it may, the fact remains that on the merits of the case, the petitioner has been granted regular bail in the present case by this Court in Criminal Petition no. 100934/2023. Only for the reason that the petitioner had not appeared before the trial Court on the regular dates of hearing, non-bailable warrant was issued against him and he was remanded to the judicial custody in the present case on 21.02.2025. For the mistake committed by the petitioner, he has been substantially punished and he is in custody for the last more than six months. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail is to be answered affirmatively. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC-D:12306 CRL.P No. 103631 of 2025 ORDER The Criminal Petition is allowed. The petitioner - accused is directed to be enlarged on bail in Special NDPS C.C. No.14 of 2023 pending before the Court of Principal District and Sessions Judge, Dharwad, arising out of Crime No.61 of 2023 registered by the Dharwad Rural Police Station, Dharwad Sub-Division, Dharwad District for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, 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; (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2025:KHC-D:12306 CRL.P No. 103631 of 2025 (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 / CT: BCK LIST NO.: 1 SL NO.: 28