- 1 - HC-KAR CNR: KAHC010553302026 NC: 2026:KHC:48175 CRL.P No. 12261 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12261 OF 2026 BETWEEN: SRI GIRISHA S/O RAJU AGED ABOUT 28 YEARS R/O UNDEDASARAHALLI CHIKKAMGALURU TOWN CHIKKAMAGALURU - 577 101 PRESENTLY JUDICIAL CUSTODY. …PETITIONER (BY SRI MOHAN N, ADV.) AND: 1. STATE BY CHIKKAMAGALURU TOWN P.S REPRESENTED BY SPP HIGH COURT BUILDING AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH THE FIR BEARING CRIME NO.9/2026 DATED 18.01.2026 REGISTERED BY THE RESPONDENT CHIKKAMAGALURU TOWN POLICE FOR ALLEGED OFFENCES P/U/S 20(B)(ii) OF NDPS ACT, 1985 AT ANNEXURE-A, NOW PENDING AS SPL.C.NO.44/2026 BEFORE PRL. DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU. 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: KAHC010553302026 NC: 2026:KHC:48175 CRL.P No. 12261 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Special Case No.44/2026 pending before the Court of Principal District and Sessions Judge and Special Judge, Chikkamagaluru, arising out of Crime No.9/2026 registered by Chikkamagaluru Town Police Station, Chikkamagaluru, for the offence punishable under Section 20(B)(ii) 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.9/2026 was registered by Chikkamagaluru Town Police Station, Chikkamagaluru, for the aforesaid offence against the petitioner herein based on the first information dated 18.01.2026, received from Abhay Prakash Somanala, police officer attached to Chikkamagaluru Town Police Station. In the said case, contraband article allegedly ganja, totally weighing 1 kg 330 grams was recovered from the petitioner and thereafter, he was arrested and - 3 - HC-KAR CNR: KAHC010553302026 NC: 2026:KHC:48175 CRL.P No. 12261 of 2026 remanded to judicial custody on 18.01.2026. After completing investigation, charge sheet is now filed against four persons. Petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Trial Court in Special Case No.44/2026 was rejected on 01.07.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that based on credible information received, a raid was conducted to the alleged spot where the petitioner was making attempts to sell the contraband article to the public and from his possession, contraband article allegedly ganja weighing 1 kg 330 grams was recovered and seized under a panchanama. During the course of investigation, accused No.4 was arrested on 13.02.2026 and from his possession, contraband article allegedly ganja weighing 5 kgs 860 grams was recovered and seized under a separate panchanama. Accused Nos.2 and 3 are said to be the persons, who allegedly had supplied contraband article allegedly ganja to accused No.1. It is brought to the notice of this Court that petitioner is a person with criminal antecedents and there are three other cases registered against - 4 - HC-KAR CNR: KAHC010553302026 NC: 2026:KHC:48175 CRL.P No. 12261 of 2026 him. However, the fact remains that, in the present case, contraband article allegedly ganja seized from the possession of the petitioner is a little more than small quantity, which is required to be considered as intermediate quantity. Therefore, the rigor under Section 37(1)(b) of the NDPS Act, 1985, cannot be made applicable in the present case. Investigation of the case is already completed and petitioner is in custody for the last more than seven months. Trial in the case is yet to commence. Under the circumstances, the following order:- 5. The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.44/2026 pending before the Court of Principal District and Sessions Judge and Special Judge, Chikkamagaluru, arising out of Crime No.9/2026 registered by Chikkamagaluru Town Police Station, Chikkamagaluru, for the offence punishable under Section 20(B)(ii) of the 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 for the - 5 - HC-KAR CNR: KAHC010553302026 NC: 2026:KHC:48175 CRL.P No. 12261 of 2026 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.: 48