- 1 - HC-KAR CNR: KAHC010424292026 NC: 2026:KHC:42335 CRL.P No. 9020 of 2026 C/W CRL.P No. 8991 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9020 OF 2026 C/W CRIMINAL PETITION NO. 8991 OF 2026 IN CRL.P No. 9020/2026: BETWEEN: SANJAY H.K. S/O KUMAR AGE ABOUT 28 YEARS R/AT CHIKKAKONDAGOLA VILLAGE, KASABA HOBLI HASSAN TALUK HASSAN DISTRICT - 01. …PETITIONER (BY SRI PRATHEEP K.C, ADV.) AND: THE STATE OF KARNATAKA REP. BY PENSION MOHALLA POLICE STATION, HASSAN DISTRICT REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 01. …RESPONDENT (BY SRI RAMANASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CR.NO.54/2026 REGISTERED BY THE RESPONDENT PENSION MOHALLA POLICE AND PENDING ON THE FILE OF THE HONBLE PRL.DIST. AND SESSIONS JUDGE AT HASSAN FOR THE OFFENCE P/U/S 8(c),22(c) OF NDPS ACT 1985. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010424292026 NC: 2026:KHC:42335 CRL.P No. 9020 of 2026 C/W CRL.P No. 8991 of 2026 IN CRL.P NO. 8991/2026: BETWEEN: PREETHAMGOWDA @ GUNDI PREETHU S/O BASAVARAJU AGED ABOUT 28 YEARS R/AT, RANGOLIHALLA HASSAN TOWN HASSAN DISTRICT - 01. ...PETITIONER (BY SRI PRATHEEP K.C, ADV.) AND: THE STATE OF KARNATAKA REP. BY PENSION MOHALLA POLICE STATION, HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 01. ...RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO.54/2026 REGISTERED BY THE RESPONDENT PENSION MOHALLA POLICE AND PENDING ON THE FILE OF HONBLE PRINCIPAL DISTRICT AND SESSIONS SPECIAL JUDGE AT HASSAN, FOR THE OFFENCES P/U/S 8(c), 22(c) OF NDPS ACT 1985. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.54 of 2026 registered by Pension Mohalla Police Station, Hassan District for - 3 - HC-KAR CNR: KAHC010424292026 NC: 2026:KHC:42335 CRL.P No. 9020 of 2026 C/W CRL.P No. 8991 of 2026 offences punishable under Section 8(c), 22(b) & Section 20(b)(ii)(B) of NDPS Act, 1985 are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.54 of 2026 was registered by Pension Mohalla Police Station, Hassan District initially for the offences punishable under Sections 8(c) and Section 22(c) of the NDPS Act, 1985 received from Sri Ravishankara, Police Officer, attached to Pension Mohalla Police Station. In the said case, petitioners were arrested on 06.04.2026 and remanded judicial custody. Their bail application filed before the Trial Court was rejected. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that, the petitioners do not have any antecedents of similar nature. Section 42 of the NDPS Act has not been complied in the present case. The seized contraband article is of intermediate quantity. Investigation of the case is completed. Accordingly, he prays to allow the petitions. - 4 - HC-KAR CNR: KAHC010424292026 NC: 2026:KHC:42335 CRL.P No. 9020 of 2026 C/W CRL.P No. 8991 of 2026 5. Per contra, learned HCGP, who has opposed the petitions submits that, the petitioners are persons with criminal antecedents but he does not dispute that they do not have similar criminal cases registered against them. He submits that accused no.1 is a rowdy sheeter and accordingly, he prays to dismiss the petitions. 6. A reading of the first information would reveal that on 06.04.2026 at about 04.30 p.m, the first informant had received a credible information when he was in the police station that accused nos.1 and 2, named in the FIR, were making attempts to sell contraband articles allegedly 'MDMA'. Immediately thereafter, he had raided the spot from where the accused persons were apprehended and from their possession, contraband article allegedly 'MDMA' weighing 11 grams and contraband article allegedly 'Ganja' weighing 1 kg 43 grams was recovered and seized under a panchanama. 7. Investigation of the case is now completed and charge sheet is filed. As per the report of the Forensic Science Laboratory, the seized contraband article allegedly 'MDMA' has - 5 - HC-KAR CNR: KAHC010424292026 NC: 2026:KHC:42335 CRL.P No. 9020 of 2026 C/W CRL.P No. 8991 of 2026 tested positive for the drug known as 'Methamphetamine' and therefore, the seized contraband article recovered in the present case is of intermediate quantity. Under the circumstances, the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable in the present case. 8. The first informant had received credible information in the present case when he was in the police station. The material on record would go to show the first informant had not reduced the information into writing. Therefore, it appears that there is non-compliance of Section 42 of the NDPS Act which is mandatory. Petitioners are in custody in the present case for the last more than four months. 9. Learned counsel for the petitioners has brought to the notice of this Court that, the petitioners do not have antecedents of similar nature. They are involved in other criminal cases registered against them for offences punishable under the provisions of IPC and BNS, 2023 and in the said cases they are on bail. Under the circumstances, I am of the opinion that, their prayer for grant of regular bail needs to be - 6 - HC-KAR CNR: KAHC010424292026 NC: 2026:KHC:42335 CRL.P No. 9020 of 2026 C/W CRL.P No. 8991 of 2026 answered affirmatively subject to appropriate conditions. Accordingly, the following :- ORDER (i) Criminal petitions are allowed. (ii) The petitioners are directed to be enlarged on bail in Crime No.54 of 2026 registered by Pension Mohalla Police Station, Hassan District for offences punishable under Section 8(c), 22(b) & Section 20(b)(ii)(B) of NDPS Act, 1985, 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; - 7 - HC-KAR CNR: KAHC010424292026 NC: 2026:KHC:42335 CRL.P No. 9020 of 2026 C/W CRL.P No. 8991 of 2026 d) The petitioners shall not involve in similar offences in future. e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. f) The petitioners shall appear before the Station House Officer, Pension Mohalla Police Station, Hassan District on every second and fourth Sunday of the month between 10.00 a.m. and 01.00 p.m. and mark their attendance regularly for a period of one year from the date of their release from custody. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 42