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2026 DAILYLAW 21873 (KAR)

CHIRAG v. THE STATE OF KARNATAKA BY CHIKKAMAGALURU TOWN POLICE STATION,

CRL.P/6439/2026 · 2026-06-16

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29569 CRL.P No. 6439 of 2026 C/W CRL.P No. 7060 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6439 OF 2026 C/W CRIMINAL PETITION NO. 7060 OF 2026 IN CRL.P No. 6439/2026: BETWEEN: CHIRAG S/O KALASAPPA AGED ABOUT 19 YEARS OCC: I YEAR BBA STUDENT R/O RAMESHWARA NAGARA 1ST CROSS, CHIKKAMAGALURU - 577 501 NATIVE OF ADAGADDE VILLAGE KAVADI KOPPA ROAD, SRINGERI TALUK CHIKKAMGALURU DISTRICT - 577 139 …PETITIONER (BY SRI P.B. UMESH, ADV.,) AND: THE STATE OF KARNATAKA BY CHIKKAMAGALURU TOWN POLICE STATION CHIKKAMAGALURU - 577 501 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001) …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.51/2026 REGISTERED BY CHIKKAMAGALURU TOWN P.S., CHIKKAMAGALURU, FOR THE OFFENCE P/U/S 20(B)(ii) OF NDPS ACT, 1985, PENDING Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29569 CRL.P No. 6439 of 2026 C/W CRL.P No. 7060 of 2026 BEFORE THE PRL. DISTRICT AND SESSIONS COURT, CHIKKAMAGALURU. IN CRL.P NO. 7060/2026: BETWEEN: DHANUSH V S/O VISHWANATH AGED ABOUT 26 YEARS R/AT NEAR SRI GANGAPARAMESHWARI TEMPLE, DONIKANA, GANDHINAGARA CHIKKAMAGALURU DIST - 577 101. ...PETITIONER (BY SRI. GIRISH B BALADARE, ADV.) AND: THE STATE OF KARNATAKA BY CHIKKAMAGALURU TOWN POLICE STATION CHIKKAMAGALURU - 577 101 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. ...RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.51/2026 THE CASE IS REGISTERED BY CHIKKAMAGALURU TOWN POLICE STATION CHIKKAMAGALURU DISTRICT FOR THE OFFENCE P/U/S 20(B) II OF NDPS ACT 1985 PENDING ON THE FILE OF THE PRL.DISTRICT AND SESSIONS COURT CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU IN CRIME NO.51/2026. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:29569 CRL.P No. 6439 of 2026 C/W CRL.P No. 7060 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.51/2026 registered by Chikkamagaluru Town Police Station, Bengaluru, for the offence punishable under Sections 20(B)(ii) of the NDPS Act, 1985, 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.51/2026 was registered by Chikkamagaluru Town Police Station, Bengaluru, for the aforesaid offence against the petitioners herein based on the first information dated 25.03.2026 received from Abhaya Prakash Somanal, police officer attached to Chikkamagaluru Town Police Station, Bengaluru. In the said case, petitioners were arrested on 26.03.2026 and subsequently, remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crime No.51/2026 was rejected on 15.04.2026. Therefore, they are before this Court. - 4 - HC-KAR NC: 2026:KHC:29569 CRL.P No. 6439 of 2026 C/W CRL.P No. 7060 of 2026 4. In the first information dated 25.03.2026, it is submitted that at about 10.30 p.m. when the first informant was in the police station, he received credible information that the accused persons were attempting to sell contraband article. Immediately thereafter, he went to the alleged spot where the accused persons were attempting to sell the contraband article to the public and apprehended them. 5. From the possession of the accused, contraband article allegedly ganja totally weighing 3 kgs 950 grams has been seized in the present case under a panchanama. A reading of the first information as well as the seizure mahazar would go to show that there is no compliance of Section 42 of the NDPS Act in the present case. The seized contraband article allegedly ganja is of intermediate quantity. Accused No.1 is said to be a student pursuing LLB degree and accused No.2 is said to be a student pursuing BBA course. Undisputedly, petitioners do not have any criminal antecedents. Major portion of the investigation is already completed. Continued detention of the petitioners, who are youngsters having no criminal antecedents amongst hardcore criminals is likely to have an adverse impact - 5 - HC-KAR NC: 2026:KHC:29569 CRL.P No. 6439 of 2026 C/W CRL.P No. 7060 of 2026 on their future career. Under the circumstances, I am of the opinion that the prayer made by them for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.51/2026 registered by Chikkamagaluru Town Police Station, Bengaluru, for the offence punishable under Sections 20(B)(ii) of the NDPS Act, 1985, 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 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; - 6 - HC-KAR NC: 2026:KHC:29569 CRL.P No. 6439 of 2026 C/W CRL.P No. 7060 of 2026 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.: 80