- 1 - HC-KAR NC: 2026:KHC:32422 CRL.P No. 5249 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5249 OF 2025 BETWEEN: STATE OF KARNATAKA BY KOLLEGALA RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 01. …PETITIONER (BY SRI VINAY MAHADEVAIAH, HCGP) AND: 1. SENDIL KUMAR S/O MARAPPA AGED ABOUT 42 YEARS R/AT CHIKKALLATHURU VILLAGE HANURU TALUK CHAMARAJANAGARA DISTRICT - 560 067. 2. RAVI KUMAR @ RAVI S/O MANI H.M AGED ABOUT 27 YEARS R/AT NO.24, CHIKKAGOLLARA HATTI, MAIN ROAD, TAVAREKERE BENGALURU, NATIVE ADDRESS BEHIND CHURCH, HOSA BEEDU SOMAWARPET, KODAGU DISTRICT. 3. UMASHANKAR S @ SHANKAR S/O LATE SAHEBA GOWDA AGED ABOUT 26 YEARS R/AT. NO.25, SIDDHARTHA SCHOOL 2ND CROSS, OPP QUALITY BEKERY BENGALURU, ANDRAHALLI MAIN ROAD NATIVE ADDRESS HOSURU VILLAGE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32422 CRL.P No. 5249 of 2025 SHANKARAPURA TALUK YADAGIRI DISTRICT. 4. VINAYAKA @ VINAY S/O AJAY AGED ABOUT 27 YEARS R/AT. 10TH CROSS VENUGOPALANAGARA ANDRAHALLI MAIN ROAD NAGASANDRA POST BENGALURU - 560 091. NATIVE ADDRESS VIDYANAGARA, HARIHARA TOWN DAVANAGERE DISTRICT - 560 091. …RESPONDENTS (BY SRI SHRIDHARA K, ADV.) THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) BNNS) PRAYING TO CANCEL THE ORDER OF BAIL GRANTED TO THE RESPONDENTS ON 21.03.2024 PASSED IN CRL.MISC.NO.73/2024 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA IN CRIME NO.33/2024 OF KOLLEGAL RURAL POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 20(b)(ii)C OF NDPS ACT, AND DIRECT THAT THE RESPONDENTS BE TAKEN TO CUSTODY. 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. This petition under Section 439(2) of Cr.P.C, R/w Section 483(3) of BNSS, 2023 is filed by the State with a prayer to cancel the regular bail granted to the respondents herein in Crl.Misc.No.73 of 2024 vide order dated 21.03.2024 by the Court of Principal District & Sessions Judge, - 3 - HC-KAR NC: 2026:KHC:32422 CRL.P No. 5249 of 2025 Chamarajanagara in Crime No.33/2024 registered by Kollegala Rural Police Station, for the offence punishable under Section 20(b)(ii)(C) of NDPS Act, 1985. 2. Heard the learned counsel for the parties. 3. The respondents who are arrayed as accused nos.1 to 4 in Crime No.33 of 2024 registered by Kollegala Rural Police Station, Chamarajanagara District for the aforesaid offences were arrested in the said case on 14.02.2024 and subsequently remanded to judicial custody. Their bail application filed before the jurisdictional Sessions court in Crl.Misc.No.73 of 2024 was allowed on 21.03.2024. Assailing the same, the State is before this Court. 4. Learned HCGP appearing on behalf of the petitioner - State submits that trial Court was not justified in granting regular bail to the accused, even before investigation of the case was completed. He submits that huge quantity of contraband article ganja has been seized in the present case and since the contraband article is of commercial quantity, the - 4 - HC-KAR NC: 2026:KHC:32422 CRL.P No. 5249 of 2025 learned trial Judge was not justified in enlarging the accused on bail even before filing of charge sheet. 5. Per contra, learned counsel appearing for the respondents, who has filed a statement of objection submits that respondents herein were falsely implicated in the present case. The learned trial Judge after appreciating the same has allowed the bail application. He submits that respondents have participated in investigation and charge sheet is now filed against them. He submits that respondents do not have any criminal antecedents. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record will go to show that on 14.02.2024 when the accused were produced before the trial Court, accused no.2 - Ravikumar had submitted a written complaint to the trial Court alleging that they were falsely implicated in the case by the police. He had mentioned in his complaint that the lorry was travelling from Andhra Pradesh to Mangalore via Tamil Nadu and Mysore whereas the complaint was filed stating that the lorry came from Bangalore towards Kollegala. The learned Judge, after receipt of such a - 5 - HC-KAR NC: 2026:KHC:32422 CRL.P No. 5249 of 2025 complaint from accused no.2, had passed a detailed order on 21.03.2024 directing the Superintendent of Police, Chamarajanagara to hold an investigation with regard to the allegations found in the complaint of accused no.2 and submit a report. 7. Accordingly, the Superintendent of Police, Chamarajanagara, had held an enquiry and in his report dated 16.04.2024, he has stated that out of the three check posts, inspected by him, in two check posts, there was no recording in the CCTV footage and in the third check post, namely Kolatthur check post, the movement of the vehicle in question bearing registration No.KA-13-D-2235 was found on 11.02.2024 and there was also an entry in the said check post with regard to the movement of the vehicle in Chennai - Mysore route. 8. From the aforesaid, prima-facie it appears that, the allegations made in the complaint of accused no.2, that the vehicle was travelling from Andhra Pradesh to Mangalore via Tamil Nadu and Mysore and not from Bangalore to Kollegala as stated in the FIR, appears to be correct. The learned trial Judge, while granting regular bail to accused nos.1 to 4, has - 6 - HC-KAR NC: 2026:KHC:32422 CRL.P No. 5249 of 2025 referred to the complaint received from accused no.2 and has observed that prima facie there is truth in his complaint and thereafter has proceeded to grant regular bail to all the accused. 9. It is not in dispute that accused / respondents do not have criminal antecedents and it is also not in dispute that they have cooperated with the police for the purpose of investigation and they have not violated any one of the bail conditions. Investigation of the case is now completed and charge sheet has been filed. Under the circumstances, I do not find any good ground to entertain this petition. 10. Accordingly, criminal petition is dismissed Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 26