- 1 - HC-KAR NC: 2025:KHC-D:18061 CRL.P No. 104598 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104598 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: IMRAN AHMAD S/O. MAQBOOL AHMAD BYADAGI, (WRONGLY SHOWN AS IMRAN MAQBOOL AHMAD BYADAGI) AGE. 29 YEARS, OCC. COOLIE, R/O. NAVANAGAR, HANGAL-581 104, TQ. HANAGAL, DIST. HAVERI. …PETITIONER (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE POLICE INSPECTOR, MUNDAGOD P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., (UNDER SECTION 482 OF BNSS, 2023) PRAYING TO, ENLARGE THE PETITIONER/ACCUSED NO.3 ON ANTICIPATORY BAIL IN MUNDAGOD PS CRIME NO.150/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(C), 20(B)(II)(A) OF NDPS ACT AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18061 CRL.P No. 104598 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.150/2025 registered - police for the offence under Sections 8(C) and 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act (for brevity, NDPS Act). Brief facts of the case: 2. The case of the prosecution is that a complaint came to be registered by the complainant, who is a Police officer stating that on 09.08.2025 around about 4.50 PM, the complainant received a, information that accused Nos.1 and 2 were selling ganja. On receiving the said information, the complainant secured the panchas and his staff went to the place, apprehended accused Nos. 1 and 2 and seized ganja weighing 894 grams, worth of Rs.60,000/-. On the basis of voluntary statements of accused Nos. 1 and 2, the - 3 - HC-KAR NC: 2025:KHC-D:18061 CRL.P No. 104598 of 2025 present petitioner has been arrayed as accused No. 3 in the present case. Hence, the petitioner is before this Court seeking anticipatory bail. Charge sheet is submitted. 3. Heard Sri Chetan Munnoli, learned counsel for the petitioner and Sri Praveen Y Devareddiyavara, learned High Court Government Pleader for respondent No.1-State. 4. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences. The respondent police have falsely implicated the petitioner in this case on the basis of the voluntary statements of the other accused persons. Nothing has been recovered from accused No.3/the petitioner. As there is no recovery of any contraband substances, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for respondent No. 1–State vehemently submitted - 4 - HC-KAR NC: 2025:KHC-D:18061 CRL.P No. 104598 of 2025 that the petitioner is habitual offender and seven cases are pending against him. If the petitioner is enlarged on bail, there may be chances of absconding from the jurisdiction, therefore it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. 6. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, the averments of the said complainant would indicate that accused Nos. 1 and 2 were selling ganja. They have been apprehended by the complainant and his team. Ganja was seized. On the voluntary statement of accused Nos. 1 and 2, the petitioner has been implicated as one of the accused. Having considered the facts and circumstances of the case, it is appropriate to grant him anticipatory bail. Hence, I proceed to pass the following: ORDER i. The petition is allowed. - 5 - HC-KAR NC: 2025:KHC-D:18061 CRL.P No. 104598 of 2025 ii. The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.150/2025 of respondent-police for the offence under Sections 8(C) and 20(b)(ii)(A) of NDPS Act, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. iii. The petitioner shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. iv. The petitioner shall co-operate with investigation till filing of the charge sheet. v. The petitioner shall appear before the Trial Court on all hearing dates without fail. vi. The petitioner shall not commit any criminal cases till disposal of the case. - 6 - HC-KAR NC: 2025:KHC-D:18061 CRL.P No. 104598 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE ASN/CT: UMD List No.: 2 Sl No.: 11