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2025 DAILYLAW 91082 (KAR)

SHREAYAS S N v. THE STATE OF KARNATAKA BY

CRL.P/13102/2025 · 2025-12-09

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51925 CRL.P No. 13102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13102 OF 2025 BETWEEN: 1. SHREAYAS S N S/O NAVANEETH, AGED ABOUT 23 YEARS, RESIDING AT NO. 160, 6TH CROSS, SHASTHRINAGAR, BENGALURU. AND ALSO PRESENTLY RESIDING AT NO. 12/1, 8TH MAIN, TATA SILK FARM, BANASHANKARI 2ND STAGE, BENGALURU 560 070 2. RAKSHITH C S/O CHANDRU, AGED ABOUT 24 YEARS, RESIDING AT NO. 11, 11TH CROSS, VEB HOUSE, ASHOKNAGAR, VIDYAPEETA, BENGALURU 560 050 …PETITIONERS (BY SRI. UMESHA K., ADVOCATE) AND: THE STATE OF KARNATAKA BY STATION HOUSE OFFICER, KUMARASWAMY LAYOUT POLICE STATION, BANGALORE CITY, REP BY THE PUBLIC PROSECUTOR, CITY CIVIL COURT COMPLEX, BANGALORE. …RESPONDENT (BY SRI. CHANAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51925 CRL.P No. 13102 of 2025 THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH CRIME NO.244/2025 OF KUMARSWAMY LAYOUT POLICE STATION, FOR THE OFFENCE P/US/ 8(c),22(C) OF NDPS ACT, PENDING BEFORE XXX ADDL.CJM, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No.1 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (for short hereinafter referred to as 'BNSS'), praying to grant bail in Crime No.244/2025 of Kumaraswamy Layout registered for offences under Sections 8(c) and 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short hereinafter referred to as 'the N.D.P.S Act'). 2. Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent - State. - 3 - HC-KAR NC: 2025:KHC:51925 CRL.P No. 13102 of 2025 3. Learned counsel for petitioners would contend that on a credible information, the police have registered an F.I.R against two unknown persons. In the remand application, there is a mention that the petitioners were taken to police custody and conducted investigation for three days in order to secure accused No.3, who is stated to have sold the contraband to the petitioners. The case of the prosecution is doubtful. The petitioners are residents of Bengaluru and they are the students and they are not having any criminal antecedents. The petitioners are in judicial custody since 20.08.2025 and therefore, they are not required for further custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent - State would contend that the quantity of contraband is a commercial quantity and therefore, rigour of Section 37 of N.D.P.S Act is applicable. The investigation is in progress. The prosecution has to secure accused No.3. The offences alleged against the petitioners - 4 - HC-KAR NC: 2025:KHC:51925 CRL.P No. 13102 of 2025 are punishable with imprisonment which may extend to 20 years. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the F.I.R, complaint, remand application and other material placed on record. 6. The Police Inspector (CCB) on receipt of a credible information, has registered a case in Crime No.244/2025 against two unknown persons for the offences under Sections 8(c) and 22(C) of the N.D.P.S Act. The raid has been conducted in the house of the petitioners, wherein, 50 strips of L.S.D weighing 1.09 grams have been seized. The quantity of contraband seized is a commercial quantity. The investigation is in progress. The offences alleged against the petitioners are punishable with imprisonment for life, which may extend to 20 years. At this stage, there are reasonable grounds for believing that the petitioners are guilty of the offences under the N.D.P.S Act. As the quantity of contraband seized is commercial - 5 - HC-KAR NC: 2025:KHC:51925 CRL.P No. 13102 of 2025 quantity, the rigour of Section 37 of the N.D.P.S Act is applicable. Merely because the petitioners are the residents of Bengaluru and they are students, is not a ground for grant of bail, as the quantity of contraband seized is commercial quantity. 7. Considering the above aspects, the petitioners have not made out any ground for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE GH List No.: 2 Sl No.: 33