- 1 - NC: 2025:KHC-D:505 CRL.P No. 103881 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103881 OF 2024 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. KIRAN S/O. MALLESHAPPA KURAKUNDI AGE. 23 YEARS, OCC. TATA ACE DRIVER, R/O. GIRINI CHAWAL, 4TH CROSS, KARWAR ROAD, OLD HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580024. …PETITIONER (BY SRI.G.S.JITURI, ADVOCATE FOR SMT. ANUSHA V. SANGAMI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH BENDIGERI POLICE STATION, HUBBALLI, DIST. DHARWAD, NOW R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SMT. GIRIJA S.HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL WHO IS ARRAYED AND ARRESTED AS ACCUSED NO.2 IN CRIME NO.76/2024 OF BENDIGERI POLICE STATION (SPECIAL NDPS CC 18/2024) PENDING ON THE FILE OF PRL. DIST AND SESSION JUDGE DHARWAD FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 20(b)(ii)B OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:13:35 +0530 - 2 - NC: 2025:KHC-D:505 CRL.P No. 103881 of 2024 ORAL ORDER 1. The petitioner/accused No. 2, who has been charge- sheeted for offences 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 Soniya Gandhi Nagar near the KEB Grid. Upon receiving the information, the Police Inspector, along with panchas, rushed to the spot and observed suspicious behavior from the accused, apprehending accused No. 2 along with two other individuals. Upon searching them, it was discovered that the petitioner/accused No. 2 was in possession of 888 grams of Ganja, with the intention to sell it to the public for profit. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader (HCGP) for the respondent/State. 4. The learned HCGP argued that the charge sheet material discloses the commission of the alleged offence by the petitioner, and if released on bail, the petitioner may commit similar offences, as he is a habitual offender. The HCGP, therefore, prays 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 - 3 - NC: 2025:KHC-D:505 CRL.P No. 103881 of 2024 custody since 12.07.2024 and is not required for further interrogation. The Ganja seized from the petitioner/accused No. 2 is of intermediate quantity. Prolonged pre-trial detention is contrary to the concept of liberty as envisaged under Article 21 of the Constitution of India. Therefore, the petitioner has made a prima facie case for enlargement on regular bail. 6. Accordingly, the petition is allowed. The petitioner/accused No.2 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.2 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 required. (c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. (d) He shall not get involved in similar offences. (e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR/ Ct:vh List No.: 2 Sl No.: 8