Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28164 CRL.P No. 9253 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9253 OF 2025 BETWEEN:
SALMANKHAN S/O YAKUBKHAN AGED ABOUT 24 YEARS R/O KARIGANUR VILLAGE CHANNAGIRI TALUKA DAVANAGERE DISTRICT - 577 213. …PETITIONER (BY SRI P.B. UMESH, ADV., FOR SRI R.B. DESHPANDE, ADV.) AND:
THE STATE OF KARNATAKA BY KTJ NAGAR POLICE STATION DAVANAGERE CITY SUB-DIVISION DAVANAGERE - 577 001 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001) …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.113/2025 OF KTJ NAGAR P.S. DAVANAGERE (REGISTERED FOR THE OFFENCE P/U/S. 8(C), 20(b)(ii)(B) OF NDPS ACT 1985, NOW PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS COURT, DAVANAGERE, PENDING THE TRIAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:28164 CRL.P No. 9253 of 2025
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.2 in Crime No.113/2025 registered by KTJ Nagar Police Station, Davanagere District for the offences punishable under Sections 8(c), 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985 is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.113/2025 was registered by KTJ Nagar Police Station, Davanagere District against one Syed Shujauddin and the petitioner herein for the aforesaid offences, on the basis of first information dated 25.05.2025 received from Sri Sunil Kumar, Police officer, attached to KTJ Nagar Police Station. During the course of investigation, the petitioner was arrested on29.05.2025 and subsequently remanded to judicial custody.
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crime
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HC-KAR NC: 2025:KHC:28164 CRL.P No. 9253 of 2025
No.113/2025 was dismissed on 18.06.2025. Therefore, he is before this Court.
5. Perusal of the material on record would go to show that, based on the credible information received on 25.05.2025 a raid was conducted to the alleged spot where a person was selling contraband article ganja to the public. From the said report, accused No.1 was apprehended and from his possession contraband article allegedly ganja totally weighing 1 kg 190 grams was recovered and seized under panchanama. It appears that based on the confession statement of accused No.1, the petitioner was arrested on 29.05.2025 and from his possession 0.430 grams of ganja was recovered and seized under panchanama.
6. Undisputedly, the seized contraband article from the possession of the petitioner on 29.05.2025 is of small quantity. The maximum punishment for the alleged offences is imprisonment for a period of one year. The petitioner is in custody in the present case from
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HC-KAR NC: 2025:KHC:28164 CRL.P No. 9253 of 2025
29.05.2025. In the earlier case registered against him, he is said to have been enlarged on bail. Accused No.1 has been already granted regular bail in the present case.
7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.
8. Accordingly, the following:
ORDER The petitioner is directed to be enlarged on bail in Crime No.113/2025 registered by KTJ Nagar Police Station, Davanagere District for the offences punishable under Sections 8(c), 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
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HC-KAR NC: 2025:KHC:28164 CRL.P No. 9253 of 2025
b) 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; 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;
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS