- 1 - HC-KAR NC: 2026:KHC:33587 CRL.P No. 5413 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5413 OF 2026 BETWEEN: SRI. NARAYANAPPA, S/O.ADEPPA, AGED ABOUT 60 YEARS, R/A VADDARAPALYA VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT - 561 207. …PETITIONER (BY SRI. DEVENDRA N, ADVOCATE) AND: STATE OF KARNATAKA BY BAGEPALLI POLICE STATION, CHIKKABALLAPUR, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN SPL.SC.NO.4/2026 ARISING OUT OF CR.NO.382/2025 REGISTERED BY BAGEPALLI P.S., CHIKKABALLAPUR DISTRICT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33587 CRL.P No. 5413 of 2026 (RESPONDENT HEREIN) ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPUR, FOR THE OFFENCES P/U/S 20(b)(ii)(B), 8(c) OF NDPS ACT, 1985. 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 Special Case No.4/2026 pending before the Court of Principal District and Sessions Judge, Chikkaballapura arising out of Crime No.382/2025 registered by Bagepalli Police Station, Chikkaballapura for the offences punishable under Sections 20 (b) (ii) B and 8 (c) of NDPS Act, 1985, is 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.382/2025 was registered by Bagepalli Police Station, Chikkaballapura for the aforesaid offences against one Lokesh and two others, based on the first information dated 20.11.2025 received from Munirathanam, Police Officer attached to Bagepalli Police Station, - 3 - HC-KAR NC: 2026:KHC:33587 CRL.P No. 5413 of 2026 Chikkaballapura. In the said case, the petitioner who was arraigned as accused No.3 in the FIR, was arrested on 21.11.2025 and remanded to judicial custody. His bail application filed before the Trial Court was rejected. Therefore, he had approached this Court in Crl.P.No.17294/2025, which was dismissed on 16.02.2026 and subsequently, the petitioner had filed a fresh bail application before the Trial Court in Special Case No.4/2026 which was also rejected. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submitted that the petitioner is an aged person and is in custody for the last more than seven months. The material charge sheet witnesses, who are now examined, have turned hostile to the case of the prosecution. The seized contraband article in the present case as well as in the earlier case registered against the petitioner is of intermediate quantity. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by the learned counsel for the petitioner. - 4 - HC-KAR NC: 2026:KHC:33587 CRL.P No. 5413 of 2026 6. A reading of the first information dated 20.11.2025, which has resulted in registering FIR in Crime No.382/2025 by Bagepalli Police Station, Chikkaballapura would go to show that based on credible information received, accused Nos.1 to 3 were apprehended on 20.11.2025 at about 14.30 hours and from their possession contraband article allegedly ganja weighing 3 Kg 950 grams was recovered and seized under panchanama. It is not in dispute that the seized contraband article is of intermediate quantity. In the earlier criminal cases registered against the petitioner under the provisions of the NDPS Act, the seized contraband article was of intermediate quantity. Insofar as the present case is concerned, the recovery mahazar would go to show that the contraband article was seized from the joint possession of accused Nos.1 to 3. After the earlier bail application of the petitioner was rejected, the prosecution has examined six charge sheet witnesses before the Trial Court as PW1 to PW6. It is brought to the notice of this Court that the panch witnesses to the recovery mahazar have turned hostile to the case of the prosecution. 7. Be that as it may, the fact remains that the petitioner is in custody in the present case for last more than - 5 - HC-KAR NC: 2026:KHC:33587 CRL.P No. 5413 of 2026 seven months. Since, the seized contraband article is of intermediate quantity, the rigour under Section 37(1)(b) of the NDPS Act, cannot be made applicable to the case on hand. Petitioner aged 60 years has undertaken to co-operate before the Trial Court for speedy disposal of the case. 8. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.4/2026 pending before the Court of Principal District and Sessions Judge, Chikkaballapura arising out of Crime No.382/2025 registered by Bagepalli Police Station, Chikkaballapura for the offences punishable under Sections 20 (b) (ii) B and 8 (c) of NDPS Act, 1985, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the - 6 - HC-KAR NC: 2026:KHC:33587 CRL.P No. 5413 of 2026 likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 67