- 1 - HC-KAR NC: 2025:KHC-D:18225 CRL.P No. 104902 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104902 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. PARASHURAM KALLAPPA BUGADIKATTI, AGE. 24 YEARS, OCC. PVT. JOB, R/O. H.NO.96, JAI NAGAR MACHHE, BELAGAVI, TQ. AND DIST. BELAGAVI. …PETITIONER (BY SRI. I.Y. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BELAGAVI RURAL P.S., R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN BELAGAVI RURAL POLICE STATION CRIME NO.201/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 20(B) (II) B OF NDPS ACT, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18225 CRL.P No. 104902 of 2025 WHICH PENDING BEFORE THE II ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI AND ETC.,. 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 regular bail in Crime No.201/2025 of respondent- police for the offence under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 19851. Brief facts of the case: 2. The case of the prosecution is that the complainant was working as PSI at Belagavi Rural Police Station. He has lodged a complaint stating that on 27.10.2025, he had received an information that two persons are coming from Hunjananatti village near Jayanagar public road, in Yamaha black colour motorcycle having possession of Ganja to sell the same to the youths 1 For short, ‘NDPS Act’ - 3 - HC-KAR NC: 2025:KHC-D:18225 CRL.P No. 104902 of 2025 and other persons. After receiving the said information, the complainant completed the formalities and went to the spot along with staff and panch witness. When they reached near the said place, after sometime, they have noticed that two persons were coming on motorcycle. Suspecting that they are the accused, the complainant and his staff intercepted the said vehicle and conducted search and found that one blue coloured carry bag which contained Ganja. After seizing the Ganja arrested both the persons. The complainant and others seized the said Ganja weighing 1,016 grams which is above small quantity in nature. Thereafter, they registered a case against the petitioner and other accused for the offence stated supra. 3. Heard Sri. I. Y. Patil, learned counsel for the petitioner and Sri. Praveena Y. Devaraddiyavara, learned High Court Government Pleader for respondent-State. 4. The submission of the learned counsel for the petitioner is that, the petitioner is arrayed as accused No.2. The petitioner is innocent of the alleged offence. The name - 4 - HC-KAR NC: 2025:KHC-D:18225 CRL.P No. 104902 of 2025 of the petitioner has been falsely implicated in this case to harass the petitioner. 5. It is further submitted that, the complainant is not authorized person to file a complaint as contemplated under Section 42 of the NDPS Act. There are no antecedents against the petitioner. The petitioner is the resident of Machche village, Belagavi District and he is ready to abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that, the accused is clearly involved in the offence. The investigation would reveal that, the petitioner along with another was in habit of selling Ganja to the youths and the public at large with intention to create havoc in the locality and the society at large. In case, if the petitioner is enlarged on bail, there may be chances of committing - 5 - HC-KAR NC: 2025:KHC-D:18225 CRL.P No. 104902 of 2025 similar offence in future. Making such submission, learned High Court Government Pleader prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and remand application produced along with the petition, it appears from the record that, the possession and recovery of Ganja from the petitioner is a matter of trial. In fact, the said quantity of Ganja is intermediatory in nature. Therefore, in my considered view, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner/accused No.2 is ordered to be enlarged on bail in Crime No.201/2025 of respondent-police for the offence under Section 20(b)(ii)B of Narcotic - 6 - HC-KAR NC: 2025:KHC-D:18225 CRL.P No. 104902 of 2025 Drugs and Psychotropic Substances, Act, 1985, 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 not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. (vi) The petitioner shall mark his attendance before the Police station within the locality where he is presently living. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the - 7 - HC-KAR NC: 2025:KHC-D:18225 CRL.P No. 104902 of 2025 prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE RH/CT: UMD List No.: 1 Sl No.: 21