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2026 DAILYLAW 30918 (KAR)

KUSHAL GOWDA R S v. STATE OF KARNATAKA

CRL.P/8531/2026 · 2026-07-23

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010404172026 NC: 2026:KHC:38016 CRL.P No. 8531 of 2026 C/W CRL.P No. 9119 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8531 OF 2026 (439(Cr.PC) / 483(BNSS)-) C/W CRIMINAL PETITION NO. 9119 OF 2026 IN CRL.P No. 8531/2026 BETWEEN: KUSHAL GOWDA R S S/O. SHIVAKUMAR RE, AGED ABOUT 22 YEARS, RESIDING AT NO. 73, 12TH CROSS, POJAMMA MAHALAKSHMI TEMPLE ROAD, KOGILU, BENGALURU-560 064. …PETITIONER (BY SRI. B MANOJ, ADVOCATE) AND: STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, AMRUTHAHALLY POLICE STATION, BENGALURU CITY. REPRESENTED BY STATE PUBLIC PROSECUTOR, OFFICE AT HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI JADAV, ASPP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010404172026 NC: 2026:KHC:38016 CRL.P No. 8531 of 2026 C/W CRL.P No. 9119 of 2026 THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVCATE FOR THE PETITIONER PRAYING TO ENLARGE THEM ON REGULAR BAIL IN THE CASE IN CRIME NO.24/2026 REGISTERED BY THE RESPONDENT POLICE (AMRUTHAHALLY POLICE STATION) FOR THE OFFENCE P/US/ 8(C),20(B),22 OF NDPS ACT 1985, PENDING CONSIDERATION ON THE FILE THE HONBLE XXXIV ADDL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES AT BENGALURU (CCH-35). IN CRL.P NO. 9119/2026 BETWEEN: SRI SHIHAB K P S/O. YUSUF, AGED ABOUT 30 YEARS, RESIDING BEHIND FAMILY SUPER MARKET, NEAR TECH MAHINDRA, ELECTRONIC CITY PHASE - 2, BENGALURU - 560 100. DATED MENTIONED AS PER IMPUNGED ORDER PERMANENT ADDRESS KELOTH POIL HOUSE, UGNIKULAM VILLAGE, PONNUR PANCHAYATH, KOZHIKODE, (CALICUT), KERALA - 673 574. ...PETITIONER (BY SRI. BINU M, ADVOCATE) AND: STATE OF KARNATAKA BY AMRUTHAHALLY P.S., REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 ...RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) - 3 - HC-KAR CNR: KAHC010404172026 NC: 2026:KHC:38016 CRL.P No. 8531 of 2026 C/W CRL.P No. 9119 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.24/2026 REGISTERED BY AMRUTHAHALLY POLICE STATION FOR THE OFFENCES P/U/S 20(B), 8(C) AND 22 OF NDPS ACT 1985 PENDING BEFORE THE HONBLE XXXIV ADDL.CITY CIVIL AND SESSIONS JUDGE, AND SPECIAL JUDGE (NDPS) (CCH-35), BENGALURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and accused No.8 in Crime No.24/2026 registered by Amruthahally Police Station, Bengaluru, for the offences punishable under Sections 20(b), 8(c), 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), are before this Court in these Criminal Petitions filed under Section 483 of BNSS 2023, seeking regular bail. 2. Heard the learned counsel for the petitioners and learned Addl. SPP for the respondent -State. - 4 - HC-KAR CNR: KAHC010404172026 NC: 2026:KHC:38016 CRL.P No. 8531 of 2026 C/W CRL.P No. 9119 of 2026 3. FIR in Crime No.24/2026 was registered by Amruthahally Police Station, Bengaluru for the aforesaid offences against one Kushal and three others based on first information dated 19.01.2026 from one Ramesh D.J. Police Officer attached to Amruthahally Police Station, Bengaluru. In the said case, accused No.1 was arrested and remanded to judicial custody on 19.01.2026. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1768 of 2026 was rejected on 04.03.2026. Therefore, he is before this Court in Crl.P.No.8531/2026. 4. Based on the confession statement of arrested accused, subsequently, accused No.8 was arrested and remanded to judicial custody on 21.01.2026. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.4337 of 2026 was rejected on 15.06.2026. Therefore, he is before this Court in Crl.P.No.9119/2026. 5. Learned counsel for the petitioners submits that petitioners who do not have criminal antecedents are in - 5 - HC-KAR CNR: KAHC010404172026 NC: 2026:KHC:38016 CRL.P No. 8531 of 2026 C/W CRL.P No. 9119 of 2026 custody for the last 6 months. Investigation of the case is completed and charge sheet is now filed. Similarly placed other accused persons have already been enlarged on bail. Accordingly, they pray to allow the petitions. 6. Per contra, the learned Additional State Public Prosecutor who has opposed the petitions does not dispute the submission made by the learned counsel for the petitioners. 7. Material on record would go to show that based on credible information received, FIR in Crime No.24/2026 was registered for the aforesaid offences against accused No.1 - Kushal and three others named in the FIR. In the raid that was conducted subsequently, 28 gms. of contraband article allegedly MDMA, 2 kgs., 725 gms. of Hydro ganja, 4 kgs. 220 gms., of ganja and 485 LSD tabs totally weighing 5.4 gms., were recovered from the possession of accused No.1 to 4 named in the FIR and seized under a panchanama. Based on the confession - 6 - HC-KAR CNR: KAHC010404172026 NC: 2026:KHC:38016 CRL.P No. 8531 of 2026 C/W CRL.P No. 9119 of 2026 statement of the co-accused named in the FIR, subsequently police had arrested accused Nos.5 to 9 and remanded to judicial custody. 8. It is not in dispute that petitioners herein do not have any criminal antecedents. Accused No.4 - Wilson named in the FIR, has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.4921/2026 disposed of on 29th April, 2026. Accused Nos.10 and 12 were granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.3025/2026 and Crl.P.No.6516/2026 respectively. Subsequently, accused Nos.5 to 7 were granted regular bail by this Court in Criminal Petition No.4683/2026 by order dated 23.06.2026. Accused No.3 has been granted regular bail by this Court in Criminal Petition No.6945 of 2026 by Order dated 02.07.2026. Since other accused persons, as against whom similar allegations are found in the charge sheet have been granted bail in the present case, I am of the opinion that the petitioners prayer for grant of regular bail also needs to be answered - 7 - HC-KAR CNR: KAHC010404172026 NC: 2026:KHC:38016 CRL.P No. 8531 of 2026 C/W CRL.P No. 9119 of 2026 affirmatively on ground of parity. Accordingly, the following: ORDER i) The Criminal Petitions are allowed. ii) The petitioners are directed to be enlarged on bail in Crime No.24/2026 registered by Amruthahally Police Station, Bengaluru, for the offences punishable under Sections 20(b), 8(c), 22 of NDPS Act, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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; and - 8 - HC-KAR CNR: KAHC010404172026 NC: 2026:KHC:38016 CRL.P No. 8531 of 2026 C/W CRL.P No. 9119 of 2026 d) The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE Vmb List No.: 1 Sl No.: 58