- 1 - HC-KAR NC: 2026:KHC:15970 CRL.P No. 1514 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1514 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI KRISHANAMURTHY SINGARAM S/O SINGRAMA, AGED ABOUT 44 YEARS, ELECTRICAL CONTRACTOR, R/O 3875/1,7TH CROSS, 11TH MAIN, OPPOSITE TO APPOLO MEDICALS KUVEMPU NAGARA, BIET ROAD MCC B BLOCK, DAVANGERE – 577 004. (PETITIONER IS IN CUSTODY SINCE FROM 28-12-2025) …PETITIONER (BY SRI. P MANJUNATHA.,ADVOCATE) AND: THE STATE OF KARNATAKA REP BY GOVT PLEADER, HIGH COURT BUILDING, BANGALORE – 560 001. …RESPONDENT (BY SMT. ASMA KOUSER., ADDL. SPP) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15970 CRL.P No. 1514 of 2026 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE ON BAIL TO THE PETITIONER IN RESPECT OF CRIME NO.295/2025 DATED 22.12.2025 FOR THE OFFENCES P/U/S NDPS ACT SECTION 20(b)(ii) A, 8(c) OF DAVANAGERE POLICE PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE AT DAVANAGERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. The petitioner herein is arrayed as accused No.4 in Crime No.295/2025 filed by the respondent – Police for the offences punishable under Section 20 (b) (ii) A, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS’ Act). Factual matrix of the case: 2. The case of the prosecution is that on 22.12.2025 at about 2.00 p.m., a suo-moto FIR came to be registered by the complainant stating that while he was on patrolling duty, he has received an information that four persons were selling - 3 - HC-KAR NC: 2026:KHC:15970 CRL.P No. 1514 of 2026 ganja to the public in the J.H.Patel Park. After confirming the said information, the complainant had informed the superiors and obtained permission from them and registered FIR against four unknown persons. A raid was conducted and apprehended accused Nos.1 to 4 and cash has been seized. During the enquiry, accused Nos.1 to 3 disclosed about the illegal possession of the contraband. Based on the statements of the arrested accused, rests of the accused Nos. 8 to 12 have been arrayed in the said case. 3. It is further contended that 89 grams of MDMA and 200 grams of opium drugs were seized which is more than commercial quantity. Therefore, a case came to be registered against all the accused persons for the offences stated supra. 4. The contention of the learned counsel for the accused is that the accused is innocent of the alleged offences. Initially, the complaint was registered against only four persons, the remaining accused, who is the petitioner herein was arrayed solely on the basis of the voluntary statement of accused No.4. - 4 - HC-KAR NC: 2026:KHC:15970 CRL.P No. 1514 of 2026 5. It is further stated that the mandatory procedure contemplated under Section 52-A of the NDPS Act was not followed. Therefore, the alleged seizure is doubtful. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per Contra, learned High Court Government Pleader for respondent vehemently submitted that, under the NDPS Act, the voluntary statement of an accused is admissible against co-accused. Based on the statement of accused No.4, the other accused have been arrayed as accused. The chain link between the accused in respect of selling the ganja had taken place. The specific role of each accused has been explained. Accordingly, all the accused have been named in the remand application. 7. It is further stated that the seized contra-band is of commercial quantity. The petitioner and others were selling the said contra-band in order to spoil the minds of youths. The act committed by the petitioner is a threat to the Nation. If, the petitioner is enlarged on bail, there may be chances of - 5 - HC-KAR NC: 2026:KHC:15970 CRL.P No. 1514 of 2026 committing similar offences. Therefore, it is not appropriate to grant him bail. Making such submissions learned High Court Government Pleader prays to reject the petition. 8. Heard the learned Counsel for the respective parties and perused the averments of the complaint along with the remand applications filed with the petition. The records would indicate that initially, a complaint was registered against four persons for allegedly selling ganja to the public near the park. However, it appears that the present petitioner is arrayed as the accused solely based on the voluntary statement of accused No.4. As rightly, pointed out by the learned counsel for the petitioner that immediately after conducting the seizure of the contra-band, the procedure prescribed under Section 52-A of NDPS Act has to be followed. In the present case no such inventory has been made to substantiate the alleged seizure. 9. Having considering the said aspect, it is appropriate to enlarge the petitioner on bail by imposing suitable conditions that would take care of the apprehensions of the prosecution. 10. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2026:KHC:15970 CRL.P No. 1514 of 2026 ORDER i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.295/2025 filed by the respondent – Police for the offences punishable under Section 20(b)(ii)A, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, on executing personal bond for a sum of Rs.1,00,000/- with one (01) surety for the like sum 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. - 7 - HC-KAR NC: 2026:KHC:15970 CRL.P No. 1514 of 2026 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 NM List No.: 1 Sl No.: 26