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2026 DAILYLAW 3345 (KAR)

MR. PREMANATH v. STATE OF KARNATAKA

CRL.P/7282/2025 · 2026-04-07

R Nataraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:18926 CRL.P No. 7282 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO.7282 OF 2025 BETWEEN: MR. PREMANATH S/O. SUBHAS, AGED ABOUT 23 YEARS, R/AT KURKAL BAGADIGUTTU, KATPADY, KAUP TALUK, UDUPI – 576 122. …PETITIONER (BY SRI. PRATHEEK R. SHETTY, ADVOCATE) AND: STATE OF KARNATAKA BY SHO, CEN POLICE STATION, UDUPI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. …RESPONDENT (BY SRI. RAJATH SUBRMANAYAM, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 OF BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.91/2024 (SPL.CASE NO.26/2025) REGISTERED BY THE CEN POLICE STATION, UDUPI, ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, UDUPI, FOR THE OFFENCES P/U/S. 22(b), 8(c), 20(b)(ii)B, 27(B) OF NDPS ACT. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18926 CRL.P No. 7282 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has filed this petition under Section 439 of Cr.P.C., seeking bail in Special Case No.26/2025 registered by the CEN Police Station, Udupi, for the offences punishable under Sections 22(b), 8(c), 20(b)(ii)B, 27(B) of NDPS Act. 2. It appears that based on credible information that the petitioner and others were peddling narcotic substances, the defacto complainant requested permission from the Police Inspector to conduct a raid. Accordingly, a raid was conducted on 28.12.2024 and the petitioner was searched in the presence of a Gazetted Officer and it was found that the petitioner was in possession of 37.29 grams of MDMA and 96 grams of Ganja. - 3 - HC-KAR NC: 2026:KHC:18926 CRL.P No. 7282 of 2025 3. Based upon this, a case in Crime No.91/2024 was registered for the offences punishable under Sections 22(b), 8(c), 20(b)(ii)(B) of NDPS Act was registered. Later an investigation was conducted and after recording relevant mahazers and statements of the witnesses, a charge sheet was filed for the offences punishable under Sections 22(b), 8(c), 20(b)(ii)(B) and 27 (B) of NDPS Act . The trial Court took cognizance of the aforesaid offences and issued process. 4. The petitioner moved an application for bail, which was rejected in terms of an order dated 25.04.2025. The petitioner is, therefore, before this Court seeking bail in the aforesaid case. 5. The learned counsel for the petitioner submits that the petitioner has been in custody for nearly 1½ years and the charge sheet has already been filed and therefore, he may be enlarged on bail. - 4 - HC-KAR NC: 2026:KHC:18926 CRL.P No. 7282 of 2025 6. Per contra, the learned HCGP submitted that the petitioner has indulged in 15 similar cases in the past. He submits that commercial quantity of MDMA crystals was recovered from the person of the petitioner. He submits that, if the petitioner is released on bail, it is very likely that he may indulge in similar activities and therefore, he prays that the petition may not be considered. 7. After perusing the material placed along with the petition, it prima facie appears that there was nothing amiss in the procedure adopted by the respondents in raiding the place where the petitioner was allegedly peddling drugs and also in searching the petitioner. It appears from the record that commercial quantity of 37.29 grams of MDMA crystals was recovered from the petitioner. In addition, it is not disputed that the petitioner was involved in a series of similar offences in the past and therefore, it is not appropriate to release the petitioner on bail. Hence, the petition is rejected. - 5 - HC-KAR NC: 2026:KHC:18926 CRL.P No. 7282 of 2025 8. The trial Court is directed to expedite the trial of the case as early as possible which at any rate shall be within one year from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE PB List No.: 2 Sl No.: 2