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2026 DAILYLAW 31043 (KAR)

MITHUN KUMAR YADAV v. THE STATE OF KARNATAKA

CRL.P/6957/2026 · 2026-07-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010332702026 NC: 2026:KHC:38270 CRL.P No. 6957 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6957 OF 2026 BETWEEN: MITHUN KUMAR YADAV, S/O. RAM BHAROSH YADAV, AGED ABOUT 23 YEARS, RESIDING AT SALAKUVA VILLAGE/POST, NAVATIYA, WARD NO. 8, SAHARSH DISTRICT, BIHAR - 832 126. …PETITIONER (BY SRI. MALLIKARJUNA T., ADVOCATE) AND: THE STATE OF KARNATAKA, BY BIDADI POLICE STATION, RAMANGARA SUB-DIVISION, BENGALURU SOUTH. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. S.P.P.) THIS CRL.P. IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010332702026 NC: 2026:KHC:38270 CRL.P No. 6957 of 2026 PETITIONER ON BAIL IN CR.NO.70/2026 OF BIDADI P.S. FOR THE ALLEGED OFFENCE P/U/S 8(c),20(b)(ii)(A) OF NDPS ACT 1985 PENDING ON THE FILE OF THE HONBLE PRL.DISTRICT AND SESSIONS JUDGE AT RAMANAGARA. 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.1 in Crime No.70/2026 registered by Biadi Police Station, Bengaluru South District for offences punishable under Section 8(c) and 20(b) (ii) (A) of the Narcotic Drugs and Psychotropic Substances, Act, 1985 ("NDPS Act" for short), is before this Court in this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS 2023" for short), seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.70/2026 was registered by Bidadi Police Station Bengaluru South District for the - 3 - HC-KAR CNR: KAHC010332702026 NC: 2026:KHC:38270 CRL.P No. 6957 of 2026 aforesaid offences against the petitioner and another, based on the first information dated 04.03.2026 received from one Devaraja, PSI of Bidadi Police Station. In the said case, petitioner was arrested on 04.03.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.168/2026 was rejected on 09.04.2026. Therefore, he is before this Court. 4. In the first information dated 04.03.2026 submitted by police officer attached to Bidadi Police Station, he has stated that on 04.03.2026 at about 10.00 am, when he was in the Police Station, he had received credible information that two persons who were staying in a house at Shyanamangala Village, within the jurisdiction of Bidadi Police Station, were selling contraband articles to the public and therefore, a raid was conducted to the said house and accused Nos. 1 and 2 were arrested. From the possession of accused No.1, contraband article allegedly Ganja totally weighing 1250 grams and from the - 4 - HC-KAR CNR: KAHC010332702026 NC: 2026:KHC:38270 CRL.P No. 6957 of 2026 possession of accused No.2, contraband article allegedly Ganja totally weighing 1796 gms was recovered and seized under panchanama. Thereafter, the accused were brought to the Police Station and FIR was registered against them. 5. Perusal of the material on record would go to show that the first informant, who had received credible information when he was in the Police Station, had not reduced the same into writing which is the requirement under Section 42 of the NDPS Act. In addition to the same, material on record would go to show that the police have recovered cash from the person of the accused persons and therefore, compliance of Section 50 becomes necessary. 6. A reading of the first information as well as the remand application of the accused would go to show that there is no mention about issuing of notice under Section 50 of the NDPS Act to the accused persons. Even - 5 - HC-KAR CNR: KAHC010332702026 NC: 2026:KHC:38270 CRL.P No. 6957 of 2026 otherwise, seized contraband articles from accused persons is little more than small quantity. Undisputedly, petitioner who is an youngster has no criminal antecedents and is in custody for the last more than four months. 7. Under the circumstances, I am of the opinion the prayer for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER The Petition is allowed. The Petitioner is directed to be enlarged on bail in Crime No.70/2026 registered by the Bidadi Police Station, for the offences punishable under Section 8(c) and Sections 20(b) (ii) (A), of the Narcotic Drugs and Psychotropic Substances, Act, 1985, subject to the following conditions: a) The Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties and out of the same, one shall be local surety - 6 - HC-KAR CNR: KAHC010332702026 NC: 2026:KHC:38270 CRL.P No. 6957 of 2026 for the 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. Sd/- (S VISHWAJITH SHETTY) JUDGE Bsv List No.: 1 Sl No.: 38