- 1 - HC-KAR NC: 2025:KHC:43052 CRL.P No. 12950 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12950 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. BHARATHKUMAR M S S/O SIDDESHWARSWAMY M T, AGED ABOUT 22 YEARS, B-FARMA STUDENT, R/O 15TH MAIN, 6TH CROSS, RANGANATHA EXTENSION, VIDYANAGARA MAIN ROAD, DAVANAGERE-577 001. …PETITIONER (BY SRI. P B UMESH, FOR SRI RAVINDRA B.DESHPANDE., ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY GANDHI NAGAR POLICE STATION, AZAD NAGAR CIRCLE, DAVANAGERE - 577 001. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU 560 001) …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS, 2023) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.79/2025 OF GANDHI NAGARA POLICE STATION, DAVANAGERE REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(C), 20(ii)(B), 25 OF NARCOTIC DRUGS PSYCHOTROPIC SUBSTANCES ACT 1985, NOW PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS COURT, DAVANAGERE, PENDING THE TRIAL. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43052 CRL.P No. 12950 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.79/2025 of Gandhi Nagar Police Station, Davanagere registered for the offences punishable under Sections 8(C), 20(ii)(B) and 25 of Narcotic Drugs Psychotropic Substances Act 1985. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. 3. The learned counsel for petitioner would contend that, the contraband was kept in dickey of two wheeler of petitioner/accused No.1, there is no seizure of any contraband from the possession of the petitioner/accused No.2. The petitioner is arrayed as accused since he was with accused No.1. The quantity is not the commercial quantity. There are no criminal - 3 - HC-KAR NC: 2025:KHC:43052 CRL.P No. 12950 of 2025 antecedents of the petitioner. Charge sheet is filed. The petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, this petitioner was along with accused No.1 and in the bike belonging to accused No.1, ganja of 1 kg. 220 grams has been seized. The offence alleged against the petitioner is punishable with imprisonment, which may extend to ten years and fine of Rs.One lakh. The FSL report indicates that the seized contraband is positive of ganja. If the petitioner is granted bail, there are chances of threatening the prosecution witnesses and committing similar offence. With this, he prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint, charge sheet and other materials placed on record. 6. The case of the prosecution is that, on receipt of credible information, the first informant conducted raid - 4 - HC-KAR NC: 2025:KHC:43052 CRL.P No. 12950 of 2025 and found accused No.1 and the petitioner/accused No.2 and on searching, nothing was found. The bike, which was near by them bearing Regn. No.KA/17-HK/3888, belongs to accused No.1, and on search, ganja was kept in the dickey, and it was weighing 1 kg. 220 grams. The petitioner/accused No.2 was not possessing any contraband, and nothing has been seized from his possession. The contraband seized is kept in bike belonging to accused No.1. Charge sheet is filed. The petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner has undertaken to abide by the terms and conditions to be imposed by this Court. The petitioner has made out a case for grant of bail with conditions: In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.79/2025 of Gandhi Nagar Police Station, Davanagere - 5 - HC-KAR NC: 2025:KHC:43052 CRL.P No. 12950 of 2025 for the offences punishable under Sections 8(C), 20(ii)(B) and 25 of Narcotic Drugs Psychotropic Substances Act 1985 subject to following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.One lakh with one surety for the like sum to the satisfaction of the Trial Court; b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly; c) The petitioner shall attend the Trial Court on all date of hearing unless exempted and cooperate for speedy disposal of the case; d) The petitioner shall not involve any commission of any offence under NDPS Act, 1985. If he is found involved in commission of any offence under NDPS Act, 1985, the prosecution is at liberty to seek cancellation of bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE bkm/List No.: 1 Sl No.: 9