- 1 - NC: 2025:KHC-D:2328 CRL.P No. 103661 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103661 OF 2024 (439(Cr.PC)/483(BNSS)-) BETWEEN: 1. AKHILESH S/O MALLESHAPPA YARAMSAL (A1) S/O MALLESHAPPA YARAMSAL, AGED ABOUT 25 YEARS, OCC. AUTO DRIVER, R/O. NEAR CHITAGUPPI HOSPITAL, HUBBALLI, DIST. DHARWAD-580020. 2. KIRAN S/O. MALLAPPA KURAKUNDI (A2) S/O. MALLAPPA KURAKUNDI, AGED ABOUT 23 YEARS. OCC. TATA ACE DRIVER, R/O. GIRANI CHAWL, 4TH CROSS, KARWAR ROAD, HUBBALLI, DIST. DHARWAD-580020. (DISMISSED AS WITHDRAWN IN R/O. P2 ON 07.01.2025) …PETITIONERS (BY SRI. KIRAN M GOLI, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH HUBBALLI, BENDIGERI POLICE STATION, DHARWAD), REP BY H.C.G.P HIGH COURT BUILDING BENCH, DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C (483 OF BNSS), SEEKING TO GRANT BAIL TO THE ABOVE PETITIONER NO.1/ACCUSED NO.1 IN HUBBALLI BENDIGERI POLICE STATION CRIME NO.76/2024 DATED 12.07.2024 FO THE ALLEGED OFFENCES PUNISHABLE U/S 20(b)(ii) (B) OF NDPS ACT PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS COURT, DHARWAD. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 15:50:24 +0530 - 2 - NC: 2025:KHC-D:2328 CRL.P No. 103661 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner (accused No.1), who has been charge- sheeted for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), is before this Court seeking enlargement on regular bail. 2. The prosecution’s case is that while the complainant was patrolling with other police personnel, they received credible information that some unknown persons were illegally selling Ganja in Sonia Gandhi Nagar near the KEB Grid. Upon receiving this information, the Police Inspector, along with panchas, rushed to the spot and observed suspicious behavior from the accused. Accused No.1, along with two other individuals, was apprehended. Upon conducting a search, it was found that the petitioner (accused No.1) was in possession of 764 grams of Ganja, allegedly with the intention of selling it to the public for profit. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate (AGA) for the respondent/State. 4. The learned AGA argued that the charge sheet materials disclose the commission of the alleged offence by the petitioner. He further contended that if the petitioner is released on bail, he may commit similar offences, as he is a habitual offender. - 3 - NC: 2025:KHC-D:2328 CRL.P No. 103661 of 2024 Accordingly, the AGA prayed for the dismissal of the bail application. 5. The police, after investigation, have submitted the charge sheet before the Court. The petitioner has been in judicial custody since 12.07.2024 and is no longer required for further interrogation. The quantity of Ganja seized from the petitioner is of an intermediate quantity. Moreover, the petitioner is 19 years old, and prolonged pre-trial detention would be contrary to the right to personal liberty as guaranteed under Article 21 of the Constitution of India. In view of the foregoing, the petitioner has made out a prima facie case for enlargement on regular bail. 6. Accordingly, the petition is allowed. The petitioner/accused No.1 is enlarged on bail in Crime No.76/2024, registered by Bendegeri Police Station, (Special NDPS CC No.18/2024 on the file of Prl. District and Sessions Judge, Dharwad) for the offence punishable under Section 20(b)(ii)(B) of NDPS Act, subject to the following conditions: (a) Petitioner/accused No.1 shall furnish personal bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. (b) He shall appear before the Court as and when summoned. (c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. (d) He shall not get involved in similar offences. - 4 - NC: 2025:KHC-D:2328 CRL.P No. 103661 of 2024 (e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. In violation of any of the above stated conditions of the bail, will automatically results in cancellation of the bail Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC List No.: 1 Sl No.: 7