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2026 DAILYLAW 36156 (KAR)

DARSHAN D B v. STATE OF KARNATAKA

CRL.P/11294/2026 · 2026-08-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010514482026 NC: 2026:KHC:45518 CRL.P No. 11294 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11294 OF 2026 BETWEEN: DARSHAN D.B AGED ABOUT 28 YEARS S/O BOJARAJU R/AT SIDDARTHA NAGARA HEGGERE VILLAGE KASABA HOBLI, TUMKUR TALUK TUMKUR DISTRICT - 572 215. …PETITIONER (BY SRI HARISH G, ADV.) AND: STATE OF KARNATAKA BY TILAK PARK POLICE TUMKUR, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL IN FAVOUR OF THE ABOVE PETITIONER IN CR.NO.81/2026 DTD 10.07.2026 REGISTERED BY THE RESPONDENT POLICE, FOR THE OFFENCE P/U/S 20(b)(ii)(B) OF NDPS ACT, 1985, PENDING BEFORE THE PRL. DISTRICT AND SESSIONS JUDGE, AT TUMKUR, BY ALLOWING THE SAME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010514482026 NC: 2026:KHC:45518 CRL.P No. 11294 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.4 in Crime No.81/2026 registered by Thilak Park Police Station, Tumakuru, for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, 1985, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.81/2026 registered by Thilak Park Police Station, Tumakuru, for the aforesaid offence against Sathish and others based on the first information dated 10.07.2026 received from Ramakrishna, police officer attached to Thilak Park Police Station, Tumakuru. In the said case, petitioner was arrested on 10.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1052/2026 was rejected on 21.07.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that all the five persons named in the FIR were apprehended on - 3 - HC-KAR CNR: KAHC010514482026 NC: 2026:KHC:45518 CRL.P No. 11294 of 2026 10.07.2026 and from the possession of the petitioner, contraband article allegedly hydro ganja weighing 5 grams was recovered and seized under a panchanama. 5. Material on record would go to show that there is no compliance of Section 50 of the NDPS Act in the present case. The right of the accused under law to be searched before an independent Gazetted Officer or Magistrate has not been mentioned in the notice given to accused persons. It is under these circumstances, accused No.1 has been granted regular bail by this Court in Crl.P.No.11194/2026 disposed of on 19.08.2026. Learned counsel for the petitioner has submitted that petitioner has no other criminal antecedents. Under the circumstances, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.81/2026 registered by Thilak Park Police Station, Tumakuru, for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, 1985, subject to the following conditions: - 4 - HC-KAR CNR: KAHC010514482026 NC: 2026:KHC:45518 CRL.P No. 11294 of 2026 a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties 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; 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 DN List No.: 1 Sl No.: 102