- 1 - HC-KAR CNR: KAHC010348882026 NC: 2026:KHC:44244 CRL.P No. 7433 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7433 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: NABIN KUMAR S/O LATE. CHAITHANYA BARIK, AGED ABOUT 42 YEARS, R/AT BALLALA, PHASI VILLAGE AND POST, KUDLA TALUK, GANJAM DISTRICT, STATE OF ORISSA. …PETITIONER (BY SRI. UDHAYA KUMAR G., ADVOCATE) AND: THE STATE OF KARNATAKA REP BY SUB-INSPECTOR OF POLICE, BANGARPET POLICE STATION, REP BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA AT BANGALORE.560001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO DIRECT THE RESPONDENT POLICE TO RELEASE THE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010348882026 NC: 2026:KHC:44244 CRL.P No. 7433 of 2026 PETITIONER/ACCUSED NO.1 ON BAIL, IN CRIME NO.83/2026 DATED 23.03.2026 ON THE FILE, IN THE COURT OF THE III ADDL DISTRICT AND SESSIONS JUDGE AT KOLAR (SITTING AT KGF) AT BENGALURU FOR THE OFFENCE P/US/ 20(b)(ii)(B) 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 1. Accused No.1 in Crime No.83/2026 registered by Bangarpet Police Station, KGF, for the offences punishable under Sections 20(b)(ii)B and 27(b) of NDPS Act, 1985, is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for the respondent-State. 3. FIR in Crime No.83/2026 was registered by Bangarpet Police Station, KGF, for the offences punishable - 3 - HC-KAR CNR: KAHC010348882026 NC: 2026:KHC:44244 CRL.P No. 7433 of 2026 under Section 20(b)(ii)B of the NDPS Act against two unknown two persons based on the first information received from Mr.Chalapathi.K.M., Police Officer attached to Bangarpet Police Station. During the course of investigation of the said case, petitioner was arrested on 24.03.2026 and from his possession, contraband article allegedly ganja totally weighing 10.320 kgs was recovered and seized under a panchanama. After completing investigation, charge sheet is now filed against five persons. The bail application of the petitioner filed before the Trial Court in Crime No.83/2026 was rejected on 28.04.2026. Therefore, he is before this Court. 4. As per the charge sheet allegations, based on the credible information, FIR was registered against two unknown persons and in the raid that was conducted subsequently to the alleged spot, where the accused persons were attempting to sell the contraband articles to public, accused Nos.1 and 2 were apprehended and from - 4 - HC-KAR CNR: KAHC010348882026 NC: 2026:KHC:44244 CRL.P No. 7433 of 2026 their possession, contraband articles allegedly ganja, totally weighing 10.320 kgs was recovered. It appears that accused Nos.1 and 2 had confessed that they had brought the contraband article from Odisha for the purpose of sale in Karnataka and accused Nos.3 to 5 had supplied them. It is under these circumstances, charge sheet has been filed against five persons. 5. It is not in dispute that the petitioner, who is arraigned as accused No.1 in the present case, has no other criminal antecedents. Investigation of the case is completed and charge sheet has been filed. Since the seized contraband article from the possession of accused Nos.1 and 2 is of intermediate quantity, rigour under Section 37(1)(b) of NDPS Act, cannot be made applicable to present case. 6. Learned HCGP has brought to the notice of this Court that the petitioner hails from Odisha State and in the event he is enlarged on bail, he may flee away from - 5 - HC-KAR CNR: KAHC010348882026 NC: 2026:KHC:44244 CRL.P No. 7433 of 2026 justice. The said apprehension can be taken care of by imposing certain conditions on the petitioner. 7. 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 order: ORDER (i) The criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.83/2026 registered by Bangarpet Police Station, KGF, for the offences punishable under Sections 20(b)(ii)B and 27(b) of NDPS 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, out of which one shall be a local surety, for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR CNR: KAHC010348882026 NC: 2026:KHC:44244 CRL.P No. 7433 of 2026 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 DM List No.: 1 Sl No.: 33