- 1 - HC-KAR NC: 2026:KHC-D:2084 CRL.P No. 100034 of 2026 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100034 OF 2026 (439(CR.PC)/483(BNSS)) BETWEEN: JALEEL V.S. S/O SHOUKATHALI AGE. 54 YEARS, R/O VALIYAKATH HOUSE, KOTHAKULAM BEACH ROAD, VALAPPAD, THRISSUR, KERALA 680567. …PETITIONER (BY SRI. MOHAMMEDMISRIKHAN A. PATHAN, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH GARAG POLICE STATION) DHARWAD, BY H.C.G.P. HIGH COURT BENCH, DHARWAD HIGH COURT BUILDING BENCH, DHARWAD 580001. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(1) OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO GRANT BAIL TO THE ABOVE NAMED PETITIONER/ACCUSED NO. 6 IN GARAG PS CRIME NO. 220/2025 DATED 24/11/2025 U/S 11, 12, 14, 15, 32(1), 34, 38A, 43 OF KARNATAKA EXCISE ACT, 1965 AND SECTION 20(B)(II) AND (C) OF NDPS ACT. PENDING BEFORE THE LEARNED PRL DISTRICT AND SESSIONS JUDGE, DHARWAD, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.18 13:03:26 +0530 CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.18 13:04:04 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2084 CRL.P No. 100034 of 2026 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. M. A. Pathan for the petitioner and Sri. P. N. Hatti, learned High Court Government Pleader for the respondent-State. 2. Petition under Section 483 of Bharatiya Nyaya Suraksha Sanhita, 2023, with the following prayer: “WHEREFORE, under the above grounds and some other grounds which will be urged at the time of hearing of this petition, it is most humbly prayed that this Hon’ble Court be pleased to grant bail to the above named petitioner/accused No.6 in Garag PS Crime No.220/2025 dated 24/11/2025 U/Sec. 11, 12, 14, 15, 32(1), 34, 38A, 43 of Karnataka Excise Act, 1965 and section 20(b)(ii) and (c) of NDPS pending before the Learned Prl. District and Sessions Judge, Dharwad, in the interest of justice and equity.” 3. Facts in nutshell which are utmost necessary for disposal of the case are as under: 4. Garag Police registered a case in Crime No.220/2025 on 24.11.2025 for the offences punishable - 3 - HC-KAR NC: 2026:KHC-D:2084 CRL.P No. 100034 of 2026 under Sections 11, 12, 14, 15, 32(1), 34, 38A and 43 of the Karnataka Excise Act, 1965. 5. Gist of the complaint averments would reveal that, on 24.11.2025 at about 12.05 p.m., accused persons being the passengers in Tata Lorry bearing No.HR-38/W- 7134 and Ashok Leyland Company Lorry bearing No.KA- 19/AB-1930 were transporting 29,540 liters of Extra Neutral Alcohol1 in 844 plastic cans. Police who were on patrolling duty intercepted the lorries near Tegur cross. 6. During the course of investigation, the Investigation Officer was able to get the information that ganja has been stored in a house at Bengaluru. 7. The Investigation Officer with the panchas, based on the information, visited the house at Bengaluru and recovered 51 kgs. 460 grams of ganja and drafted the panchanama in the presence of the pancha witnesses after separating the sample. 1 For short, ‘ENA’ - 4 - HC-KAR NC: 2026:KHC-D:2084 CRL.P No. 100034 of 2026 8. Person in whose possession the ganja was seized was also apprehended and brought to the police station. 9. During the course of investigation, on the credible information, present petitioner has been apprehended on 08.12.2025 based on the voluntary statement given by the co-accused. A mobile handset has been recovered from the accused and investigation is still under progress. 10. In the meantime, the prayer for grant of bail is turned down by the learned Special Judge, Dharwad. Thereafter, the petitioner is before this Court. 11. Learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that from the custody of the accused there is no seizure of ganja and therefore, he cannot be held liable for the offences under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985. 12. He would further contend that since the accused is arrested on 08.12.2025, investigation would have - 5 - HC-KAR NC: 2026:KHC-D:2084 CRL.P No. 100034 of 2026 progressed to a considerable extent and therefore, continuation of the accused in judicial custody is no longer warranted. 13. He would further contend that there is no direct or otherwise nexus between the alleged seizure of 51 kgs. 460 grams of ganja and hence, sought for grant of bail. 14. Per contra, learned High Court Government Pleader reiterating the grounds urged in the statement of objections vehemently contended that even assuming for the sake of argument that there is no recovery from the petitioner, why would the other accused persons take out the name of the present petitioner in the incident, itself is a question that is being investigated by the Investigation Agency. 15. He would further contend that the very fact of 29,540 liters of ENA seized in the incident when the police were in patrolling duty and co-accused having named the present petitioner who is the kingpin in the incident, as he was the one, who was the beneficiary of the illicit liquor that - 6 - HC-KAR NC: 2026:KHC-D:2084 CRL.P No. 100034 of 2026 has been seized by the Investigation Agency and he was in turn distributing the same. Hence, the bail request of the petitioner cannot be entertained at least at this stage. 16. He would further contend that likewise he had the connection with the accused Nos.4 and 5 from whom the ganja has been seized and therefore, the petitioner is not entitled for grant of bail. 17. Having heard the arguments of both sides, this Court perused the material on record meticulously. 18. On such perusal of the material on record, taking note of the magnitude of the incident and the progress made in the investigation would reveal that prima facie exists as there is nexus between the present petitioner with the seizure of huge quantity of illicit Extra Neutral Alcohol and seized ganja to the tune of 51 kgs. 460 grams. 19. Whether at all, the petitioner had a role in it or not, is to be found out only after the full-fledged investigation and filing of the final report. - 7 - HC-KAR NC: 2026:KHC-D:2084 CRL.P No. 100034 of 2026 20. For the present, material on record would be sufficient enough to allow the petitioner in judicial custody. Antecedent of the petitioner is also being investigated and if he is released at this stage there is every possibility of destruction of evidence of crime. 21. It is always open for the petitioner to renew his request for grant of bail with a successive bail request after the charge sheet is filed. 22. With that liberty, the following: ORDER The petition is dismissed. SD/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 1 SL NO.: 29