- 1 - HC-KAR NC: 2026:KHC:29038 CRL.P No. 5468 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5468 OF 2026 BETWEEN: 1. RAKESH K.L S/O LAKSHMAN K.G AGED ABOUT 21 YEARS RESIDING AT 1ST MAIN 16TH CROSS, KTJ NAGARA DAVANAGERE PIN CODE 5777004. 2. KHAJA MOHIDDIN SAHIL S/O. M.ATHAULLA AGED 23 YEARS R/O. H.R.CIRCLE SRIRAMA EXTENSION DAVANAGERE PIN CODE 5777004. …PETITIONERS (BY SRI RAJU C.N, ADV.) AND: STATE BY KTJ NAGARA POLICE DAVANAGERE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE NO - 560 001. …RESPONDENT (BY SRI LAXMAN B, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.1/2026 OF KTJ NAGARA POLICE DAVANAGERE ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT DAVANAGERE FOR THE OFFENCE P/SU/ 20(b)(ii)(B),8(c) OF NDPS ACT AND SEC.7 AND 25(1-A) OF INDIAN ARMS ACT 1959, BY ALLOWING THIS PETITION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29038 CRL.P No. 5468 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.1/2026 registered by KTJ Nagar Police Station, Davanagere, for the offences punishable under Sections 8(c), 20(b)(ii)(B) of the NDPS Act and Sections 7 and 25(1A) of the Arms Act, 1959, are before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.1/2026 was registered by KTJ Nagar Police Station, Davanagere, for the aforesaid offences against the petitioners and two others based on the first information dated 01.01.2026 received from Sunil Kumar, police officer attached to KTJ Nagar Police Station, Davanagere. Petitioners, who were arrested in the said case on 01.01.2026 were subsequently produced before the jurisdictional Sessions Court and remanded to judicial custody. Their bail application filed - 3 - HC-KAR NC: 2026:KHC:29038 CRL.P No. 5468 of 2026 before the Trial court in Crime No.1/2026 was rejected on 24.03.2026. Therefore, they are before this Court. 4. The material on record would reveal that based on credible information received, on 01.01.2026, first informant along with his staff had raided the spot where accused Nos.1 and 2 were allegedly making attempts to sell contraband article to the public. From the possession of accused No.1, who was along with accused No.2, contraband article allegedly ganja totally weighing 1165 grams was seized under a mahazar. From the bag which accused No.2 was holding, a knife was recovered along with other articles belonging to him. It is under these circumstances, FIR was registered against accused Nos.1 and 2 for the aforesaid offences and subsequently, they were arrested and remanded to judicial custody. 5. Investigation of the case is completed and charge sheet has been already filed. Though material on record would go to show that petitioners were earlier involved in committing similar offences, the allegation as against them in the said cases is about consumption of Ganja and therefore, they were charge sheeted for the offence punishable under Section 27 of - 4 - HC-KAR NC: 2026:KHC:29038 CRL.P No. 5468 of 2026 the NDPS Act. It appears that in the said cases, petitioners had pleaded guilty and paid fine. In the present case, contraband article seized is 1165 grams of Ganja, which is a little more than the small quantity. Petitioners are in custody in the present case for the last more than 5 months. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- 6. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.1/2026 registered by KTJ Nagar Police Station, Davanagere, for the offences punishable under Sections 8(c), 20(b)(ii)(B) of the NDPS Act and Sections 7 and 25(1A) of the Arms Act, 1959, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless - 5 - HC-KAR NC: 2026:KHC:29038 CRL.P No. 5468 of 2026 the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 95