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2026 DAILYLAW 25903 (KAR)

SRI MOULA ALIAS MOULASABA v. THE STATE OF KARNATAKA

CRL.P/6841/2026 · 2026-07-03

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33211 CRL.P No. 6841 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6841 OF 2026 BETWEEN: 1. SRI. MOULA ALIAS MOULASABA S/O. GUDUSAB KARJAGI AGED ABOUT 43 YEARS R/A.2399, NAGENDRANAMATTI HAVERI-581110 HAVERI TALUK AND DISTRICT. …PETITIONER (BY SRI. CHANDRAPPA .T, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY NYAMATI POLICE STATION NYAMATI. NOW REPRESENTED BY STATE PP, HIGH COURT OF KARNATAKA BUILDING BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS ANTICIPATORY BAIL APPLICATION AND ENLARGE THE PETITIONER / ACCUSED NO.3 ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.249/2025 OF NYAMATI POLICE STATION, DAVANAGERE DISTRICT, PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33211 CRL.P No. 6841 of 2026 DAVANAGERE FOR THE OFFENCES P/U/S 8(c), 20(b)(ii)(B), AND 29 OF THE NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in Crime No.249/2025 registered by Nyamati Police Station, Davanagere for the offences punishable under Sections 8(c), 20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act, 1985') is before this Court in this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.249/2025 was registered by Nyamathi Police Station, Davanagere for the aforesaid offences against Akhiyaz and two others based on the first information dated 14.10.2025 received from Ravi N S, Police Officer attached to Nyamathi Police Station, Davanagere. Apprehending arrest in the said case, the - 3 - HC-KAR NC: 2026:KHC:33211 CRL.P No. 6841 of 2026 petitioner, who is arrayed as accused No.3 in the FIR, had filed Crl.Misc.No.252/2026 before the jurisdictional Sessions Court at Davanagere, which was rejected on 06.04.2026 and therefore, he is before this Court. 4. Learned counsel for the petitioner submits that only based on the confession statement of accused Nos.1 and 2, the petitioner is arrayed as an accused in the present case. Accused Nos.1 and 2, who were arrested, have been granted regular bail. Accordingly, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor brings to the notice of this Court that that as against the petitioner, three other criminal cases are pending and two of them are registered under the provisions of NDPS Act, 1985. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that based on credible information received on - 4 - HC-KAR NC: 2026:KHC:33211 CRL.P No. 6841 of 2026 14.10.2025, Nyamathi Police had apprehended accused Nos.1 and 2 and from their possession the contraband article allegedly ganja weighing 1 kg and 160 grams was recovered and seized under panchanama. It appears that during the course of interrogation, accused Nos.1 and 2 had confessed that the said contraband article was supplied to them by the petitioner, who hails from Haveri, whereas accused Nos.1 and 2 are residents of Shivamogga. 7. The material made available to this Court by the learned Additional State Public Prosecutor would go to show that the petitioner is an accused in Crime No.360/2023 registered under the provisions of NDPS Act, 1985 by Mahadevapura Police Station, Bengaluru City. He is also an accused in Crime No.177/2024 registered under the provisions of NDPS Act, 1985 by Kumsi Police Station, Shivamogga District. In addition to the said cases, the petitioner is an accused in Crime No.245/2017 registered by Mundgod Police Station, Uttara Kannada - 5 - HC-KAR NC: 2026:KHC:33211 CRL.P No. 6841 of 2026 District for the offences punishable under Sections 454, 457 and 380 of IPC. 8. Considering the antecedents of the petitioner and also the statement allegedly made by the arrested accused that the contraband article had been supplied to them by the petitioner, I am of the opinion that his prayer for grant of anticipatory bail cannot be entertained. The Investigating Agency is required to verify the activities of the petitioner and ascertain the involvement of other persons, if any, in the trafficking of narcotic drugs and psychotropic substances. Accordingly, the following; ORDER The Criminal Petition is dismissed. SD/- (S VISHWAJITH SHETTY) JUDGE NBM List No.: 1 Sl No.: 53