- 1 - HC-KAR NC: 2026:KHC:32610 CRL.P No. 6992 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6992 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. KUMARASWAMY. J S/O LATE GIRISHETTY AGED ABOUT 30 YEARS RESIDING AT NO. 4/438 KHANA SHETTY BEEDI MADHUVANAHALLI VILALGE KOLLEGAL TALUK 2. NAVEEN RAJ S/O RAJU M AGED ABOUT 33 YEARS RA/T BHUVANESHWARI NILAYA 13TH CROSS, RAJIV NAGAR KOLLEGAL TOWN …PETITIONERS (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA BY KOLLEGAL RURAL POLICE REPRESENTED BY TEH STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU 560 001 …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32610 CRL.P No. 6992 of 2026 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CR.NO.55/2026 FOR THE OFFENCES P/U/S 20(b)(ii)(A), 27(B), 25 OF NDPS ACT, NOW PENDING ON THE FILE OF THE LRD. PRL. DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR. 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.16 and 17 in Crime No.55/2026 registered by Kollegala Rural Police Station, Chamarajanagar District for offences punishable under Section 20(b) (ii)A, 27(b), 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') are before this Court in this petition filed under Section 483 of BNSS Act, 2023 seeking regular bail 2. Heard the learned counsel for the parties. 3. FIR in Crime No.55/2026 was registered by Kollegala Rural Police Station, Chamarajanagar District for the aforesaid offences against one Zaheer and others based on the first information dated 04.04.2026, received from Sivamadaiah - Police Officer attached to Kollegal Rural Police Station, - 3 - HC-KAR NC: 2026:KHC:32610 CRL.P No. 6992 of 2026 Chamarajanagara District. In the said case, petitioners' herein were arrested on 04.04.2026 and remanded to judicial custody. Their bail applications filed before the trial Court in Crime No.55/2026 vide order dated 17.04.2026 was rejected and therefore, they are before this Court. 4. Learned counsel for the petitioners submits that similarly placed other accused have been granted regular bail by this Court in Criminal Petition No.6840/2026. Petitioners do not have any criminal antecedents. 5. Per contra, learned HCGP who has opposed the petition, however does not dispute the submission made by learned counsel for the petitioners. 6. Accused Nos.4 to 6 and 8 to 13 in the present case, had approached this Court in Crl. P. No.6840/2026 seeking regular bail. The said petition was allowed by the Co-ordinate Bench of this Court on 29.05.2026 and in paragraph number 6 of the said order, it is observed as follows: 6. On perusal of the report submitted by the PSI, Kollegala, it shows that the recovery of the narcotic - 4 - HC-KAR NC: 2026:KHC:32610 CRL.P No. 6992 of 2026 substances was from the accused No.1 and accused No.3. Apparently these petitioners were arraigned as accused, as they too were present at the scene of the crime and the urine sample of the petitioners had turned positive for a narcotic substance. As there was no recovery of any narcotic/psychotropic substance from the petitioners, consumption of a narcotic substance could be an offence under Section 27 (b) and the maximum imprisonment is 6 months along with fine. Therefore, the trial Court could not have rejected the application filed by the petitioners seeking bail. Consequently, the petition is allowed. The petitioners are ordered to be released on bail in Crime No.55/2026 registered by the respondent for offences punishable under Sections 20 (b) (II) (A), 27 (b), and 25 of the NDPS Act, 1985, pending before the Principal District and Sessions Judge, Chamarajanagara. 7. Allegation against petitioners is similar to the allegation found against the accused who have been granted bail. Under the circumstances, the following: ORDER - 5 - HC-KAR NC: 2026:KHC:32610 CRL.P No. 6992 of 2026 The criminal petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.55/2026 registered by Kollegala Rural Police Station, Chamarajanagar District for offences punishable under Section 20(b) (ii)A, 27(b), 25 of NDPS Act, subject to the following conditions: i. The petitioners shall execute a personal bond for `50,000/- each with a solvent surety each for the likesum and to the satisfaction of the Trial Court. ii. Petitioners shall appear before the Court on all dates of hearing unless exempted by the Court. iii. Petitioners shall not commit any offence similar to the offence of which they are accused or suspected of commission of which they are suspected. They shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence. iv. They shall not leave the country without the permission of the Court. - 6 - HC-KAR NC: 2026:KHC:32610 CRL.P No. 6992 of 2026 v. In the event of violation of any of the above conditions, it is open for the Investigating Officer / prosecution to seek for cancellation of the bail. SD/- (S VISHWAJITH SHETTY) JUDGE BS List No.: 1 Sl No.: 73/01.07.26