- 1 - HC-KAR CNR: KAHC010552152026 NC: 2026:KHC:46758 CRL.P No. 12026 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12026 OF 2026 BETWEEN: SRI ARPITH S/O ANANTRAJ AGED ABOUT 42 YEARS R/AT CHANDRAKRIPA MAHAVEER ROAD, KAILASA CHIKKMANGALURU (PRESENTLY IN JUDICIAL CUSTODY) …PETITIONER (BY SRI SHERVIL ADAPPA, ADV.) AND: STATE OF KARNATAKA BY PANAMBUR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.38/2025 OF THE RESPONDENT PANAMBUR POLICE STATION FOR THE OFFENCES P/U/S 8(C), 20(b)(ii)(A), 22(C), 27(A) AND 27(b) OF NDPS ACT 1985 WHICH IS NOW PENDING BEFORE THE HONBLE PRL.DISTRICT AND SESSIONS JUDGE, D.K.MANGALURU IN SPL.CC NO.142/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010552152026 NC: 2026:KHC:46758 CRL.P No. 12026 of 2026 ORAL ORDER 1. Accused no.1 in Spl.CC.No.142/2025 pending before the Court of Prl. District & Sessions Judge & Special Judge, Mangaluru, arising out of Crime No.38/2025 registered by Panambur Police Station, Mangaluru City, for the offences punishable under Sections 8(C), 20(b)(ii)(A), 22(C), 27(A) & 27(b) of NDPS Act, is before this Court in this successive petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.38/2025 was registered by Panambur Police Station, for the aforesaid offences against the petitioner and another, based on the first information dated 23.03.2025 received from Jnanashekar - Police Officer attached to Panambur Police Station. During the course of investigation of the said case, petitioner was arrested on 24.03.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against two persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail - 3 - HC-KAR CNR: KAHC010552152026 NC: 2026:KHC:46758 CRL.P No. 12026 of 2026 application filed before the jurisdictional Sessions Court was rejected, and therefore, he had approached this Court in Crl.P.No.14970/2025 which was dismissed by the coordinate bench of this Court vide order dated 10.12.2025. It is under these circumstances, he is before this Court in this successive petition. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that seized contraband article from the possession of the petitioner is of intermediate quantity. Petitioner, who has no other criminal antecedents is in custody for the last nearly 18 months. Material charge-sheet witnesses are already examined in the present case. He, accordingly prays to allow the petition. 5. Per contra, learned Addl. SPP who has opposed the petition submits that trial in the case is under progress. No change in circumstance is made out by the petitioner for entertaining successive bail petition. Accordingly, she prays to dismiss the petition. - 4 - HC-KAR CNR: KAHC010552152026 NC: 2026:KHC:46758 CRL.P No. 12026 of 2026 6. A reading of the seizure mahazar and the charge sheet material would reveal that from the possession of the petitioner, contraband article Methamphetamine weighing 5 grams, MDMA weighing 8.9 grams and Hydroganja weighing 550 grams were recovered and seized under a panchanama. The aforesaid contraband articles seized from the possession of the petitioner is of intermediate quantity. Therefore, the rigor under Section 37(1)(b) of the NDPS Act, cannot be made applicable against the petitioner. 7. Petitioner who has no other criminal antecedents is in custody in the present case for the last nearly 18 months. It is not in dispute that material charge sheet witnesses are already examined in the present case. Therefore, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses in the present case. Out of 33 charge- sheet witnesses cited in the present case, as on this date, only four charge-sheet witnesses are examined, and therefore, chances of trial being completed and the case being disposed of in the near soon is very remote. - 5 - HC-KAR CNR: KAHC010552152026 NC: 2026:KHC:46758 CRL.P No. 12026 of 2026 8. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 9. In the case of NITISH ADHIKARY @ BAPAN VS STATE OF WEST BENGAL - 2022 SCC ONLINE SC 2068 and CHITTA BISWAS @ SUBHAS VS STATE OF WEST BENGAL - 2020 SCC OnLine SC 1536, wherein the seized contraband article was of commercial quantity, considering the fact that the accused persons were in custody for one year seven months, the Hon'ble Supreme Court has granted bail to them. - 6 - HC-KAR CNR: KAHC010552152026 NC: 2026:KHC:46758 CRL.P No. 12026 of 2026 10. Under the aforesaid circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 11. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.CC.No.142/2025 pending before the Court of Prl. District & Sessions Judge & Special Judge, Mangaluru, arising out of Crime No.38/2025 registered by Panambur Police Station, Mangaluru City, for the offences punishable under Sections 8(C), 20(b)(ii)(A), 22(C), 27(A) & 27(b) of NDPS Act, subject to the following conditions: a) Petitioner shall execute 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; - 7 - HC-KAR CNR: KAHC010552152026 NC: 2026:KHC:46758 CRL.P No. 12026 of 2026 d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK