- 1 - HC-KAR CNR: KAHC010524922026 NC: 2026:KHC:46720 CRL.P No. 11470 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. 11470 OF 2026 BETWEEN: 1. PRAMOD KUMAR C.G., S/O GOVINDSHETTY, AGED ABOUT 25 YEARS, R/AT OPP. SIDDESHAWARA CONVENTION HALL, NO.578, SIT MAIN ROAD, TUMKUR – 572 102. 2. DISHANTH R., S/O V. RAGHUNATHA, AGED ABOUT 21 YEARS, R/AT NO.7, C BLOCK, NEW POLICE QUARTERS, 9TH CROSS, BEHIND MARP QUARTERS SIT EXTENTION, TUMKUR – 572 102. 3. AMOGH @ AMOGH NAGABUSHAN, S/O NAGABUSHAN G.S., AGED ABOUT 31 YEARS, R/O NO. SIDDAGANGA EXTENTION, BEHIND SIDDAGANGA HOSTEL, 4TH CROSS, TUMKUR TOWN – 572 101. …PETITIONERS (BY SRI. VIKYATH B., ADVOCATE) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010524922026 NC: 2026:KHC:46720 CRL.P No. 11470 of 2026 AND: STATE OF KARNATAKA, BY TILAK PARK P.S., REPRESENTED BY S.P.P., HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. S.P.P.) THIS CRL.P. IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.81/2026 OF TILAK PARK POLICE STATION ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, AT TUMAKURU FOR THE OFFENCES P/U/S 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 Nos.2, 3 and 5 in Crime No.81/2026 registered for the offence under Section 20(b)(ii)(B) of NDPS Act, by Thilak Park Police Station, pending before Principal District and Sessions Judge, Tumakuru are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard learned counsel appearing for the parties. - 3 - HC-KAR CNR: KAHC010524922026 NC: 2026:KHC:46720 CRL.P No. 11470 of 2026 3. The F.IR in Crime No.81/2026 is registered by Thilak Park Police Station against one Sathish and others based on the first information dated 10.07.2026 received from Ramakrishna D.R, Police Officer attached to Thilak Park police station. In the said case, the petitioners were arrested on 10.07.2026 and in their remand application they were arraigned as accused Nos.2, 3 and 5. Their bail application filed before the jurisdictional Sessions Court was rejected. Therefore, they are before this Court. 4. Perusal of the material available on record would go to show that from the possession of accused No.2, contraband article allegedly hydro ganja weighing 3 grams was recovered and from the possession of accused Nos.3 and 5, contraband article allegedly hydro ganja weighing 5 grams each was recovered. Accused Nos.1 and 4 from whose possession similar quantity of contraband article was recovered, have been granted regular bail by this Court in Criminal Petition No.11194/2026 and Criminal Petition No.11294/2026. Since the seized contraband - 4 - HC-KAR CNR: KAHC010524922026 NC: 2026:KHC:46720 CRL.P No. 11470 of 2026 article is not of commercial quantity, rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable. 5. Accused Nos.3 and 5 are persons who have no criminal antecedents and as against accused No.2, there are two criminal cases registered. Merely for the reason that the person has certain criminal antecedents, his bail application cannot be rejected, if he is otherwise found entitled for the same as held by the Hon'ble Supreme Court in case of Prabhakar Tewari Vs. State of Uttar Pradesh and another reported in (2020) 11 SCC 648. Under the circumstances, the following; ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.81/2026 registered for the offence under Section 20(b)(ii)(B) of the NDPS Act, by Thilak Park Police Station, pending before Principal District and Sessions Judge, Tumakuru subject to the following conditions: - 5 - HC-KAR CNR: KAHC010524922026 NC: 2026:KHC:46720 CRL.P No. 11470 of 2026 a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- 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 his appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; 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 him is disposed off; Sd/- (S VISHWAJITH SHETTY) JUDGE GH List No.: 1 Sl No.: 66