- 1 - HC-KAR NC: 2026:KHC:13213 CRL.P No. 1129 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1129 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. KUMARA @ BABLU S/O. NEKBAR ALI @ MUNIVENKATAIAH, AGED ABOUT 43 YEARS, R/AT. MARALIPURA VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGAR DISTRICT-562119 CURRENTLY R/AT NO. 77, HARALUKUNTE, SOMASUNDARAPALYA MAIN ROD HSR LAYOUT, BENGALURU 560 102. …PETITIONER (BY SRI. RANGANATH REDDY R.,ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13213 CRL.P No. 1129 of 2026 AND: 1. STATE BY HANUR POLICE THE STATION HOUSE OFFICER CHAMARAJANAGAR REPRESENTED HCGP (HIGH COUT OF KARNATAKA ) PIN CODE 560 001 …RESPONDENT (BY SRI.LAKSHMAN B, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.182/2025 DATED 26.08.2025 REGISTERED AT HANNUR POLICE STATION CHAMARAJANAGARA AND PENDING BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHAMARAJANAGARA IN CRIME NO.182/2025 FOR OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(B) OF NDPS ACT 1985. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13213 CRL.P No. 1129 of 2026 ORAL ORDER The petitioner is the sole accused in Crime No.182/2025 of Hanur Police Station for the offences punishable under Section 29(b)(ii)B of Narcotic Drugs and Psychotropic Substances Act, 1985 pending on the file of the learned Principal District and Sessions Judge, Chamarajanagara. The petitioner has approached this Court seeking grant of regular bail. Brief facts of the case: 2. The case of the prosecution is that on 26.08.2025 at about 5.10 a.m., the complainant, along with his staff, was on patrolling duty in connection with bandobast for the Gowri–Ganesha festival. At that time, they noticed one person coming on a two-wheeler from the Bandahalli side. The said person, on noticing the police vehicle, allegedly parked his vehicle near vacant site and ran away towards the nearby vacant place. Though the complainant and his staff attempted to apprehend him, he - 4 - HC-KAR NC: 2026:KHC:13213 CRL.P No. 1129 of 2026 could not be traced. Again, they came back to the place where the two-wheeler had been parked. The said vehicle was found to be a Honda Dio scooter, red in colour, bearing Registration No. KA-05-LR-6983. 3. It is further submitted that, suspecting the involvement of the said vehicle being used for transporting the contraband, the complainant obtained permission from the higher officials and completed the formalities. It is further stated that, in the presence of panch witnesses, the dickey of the scooter got opened, wherein a blue plastic cover containing a substance suspected to be the ganja was found. On weighing the contraband which was found in the said scooter was 1 kg 128 grams and the same was seized by drawing a mahazar. Subsequently, during the course of investigation, the petitioner was arrested. The matter is under investigation. 4. Heard Sri Ranganatha Reddy R., learned counsel for the petitioner and Sri Lakshman B., learned - 5 - HC-KAR NC: 2026:KHC:13213 CRL.P No. 1129 of 2026 High Court Government Pleader for the respondent - State. 5. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offence. He has been falsely implicated in this case. It is also submitted that there are no criminal antecedents against the petitioner. 6. It is further submitted that the alleged search and seizure had taken place in the absence of the petitioner. He had no knowledge regarding transportation of the alleged contraband. The petitioner is a permanent resident of Maralipura Village, Kanakapura Taluk, and is a law-abiding citizen having deep roots in the society. 7. The petitioner will abide by any conditions that may be imposed by this Court in the event of his release on bail. Making such submissions, the learned counsel prays to allow the petition. - 6 - HC-KAR NC: 2026:KHC:13213 CRL.P No. 1129 of 2026 8. Per contra, the learned High Court Government Pleader vehemently submitted that the complainant and his team managed to trace the whereabouts of the petitioner. It is further contended that the contraband, weighing 1 kg 160 grams, was found in the dickey of the scooter belonging to the petitioner and the same was seized in the presence of panch witnesses. It is contended that the petitioner has committed a heinous offence, and he was selling ganja to the public, particularly to the youths. The offence of which the petitioner has committed is not only against youths, but also a crime committed against the society and the nation. Therefore, it is not appropriate to grant bail to the petitioner. Making such submission, he prays to reject the petition. 9. Heard the learned counsel for the respective parties and perused the averments of the complaint and the other documents available in the record. 10. The petitioner appears to be a resident of Kanakapura Taluk, aged about 43 years, and is stated to - 7 - HC-KAR NC: 2026:KHC:13213 CRL.P No. 1129 of 2026 be earning member of the family. He was living on his earnings. The alleged contraband has not been seized in his presence. No inventory was drawn. There are material illegalities committed by the Investigating Officer in conducting the investigation. Hence, the petitioner may be enlarged on bail by imposing suitable conditions, which would take care of the apprehension of the prosecution. 11. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.182/2025 of Hanur Police Station for the offences punishable under Section 29(b)(ii)B of Narcotic Drugs and Psychotropic Substances Act, 1985 pending on the file of the learned Principal District and Sessions Judge, Chamarajanagara, 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. - 8 - HC-KAR NC: 2026:KHC:13213 CRL.P No. 1129 of 2026 (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 commit any similar offences or any criminal cases till disposal of the case. In case, 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/BKM List No.: 1 Sl No.: 45