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2026 DAILYLAW 40050 (KAR)

STATE OF KARNATAKA v. SUDARSHAN PAI

CRL.P/13789/2026 · 2026-09-10

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010612962026 NC: 2026:KHC:49754 CRL.P No. 13789 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13789 OF 2026 BETWEEN: 1. STATE OF KARNATAKA BY KANKANADY TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU. …PETITIONER AND: 1. SUDARSHAN PAI S/O SADASHIVA PAI AGED ABOUT 29 YEARS RESIDING AT NO.1232 ASHWINI HOUSE PAI COMPOUND DARBE PUTTUR, D.K. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S.439(2) (FILED U/S.483(3) BNSS) CR.P.C PRAYING TO CANCEL THE BAIL GRANTED TO THE RESPONDENT IN ORDER DATED 24.03.2026 PASSED IN CR.NO.182/2025 ON THE FILE OF THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE D.K., MANGAURU FOR THE OFFENCE P/US/ 8(c),22(c) OF NDPS ACT. 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. The State is before this Court in this petition filed under Section 483(3) of BNSS 2023, with a prayer to cancel the Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010612962026 NC: 2026:KHC:49754 CRL.P No. 13789 of 2026 regular bail granted to the respondent herein by the Court of Principal District and Session Judge, Dakshina Kannada, Mangaluru in Crime No.182 of 2025 vide order dated 24.03.2026 for offences punishable under Sections 8(c), 22(c) of NDPS Act. 2. Heard the learned counsel for the parties. 3. Respondent herein was arrested in the present case in Crime No.182 of 2025 registered by Kankanady Town Police Station, Dakshina Kannada District on 16.12.2025. The Trial Court vide order impugned had granted regular bail to the respondent and has passed a detailed reasoned order considering the nature of allegations found against the respondent, who has no other criminal antecedents. Assailing the same, the State is before this Court. 4. Perusal of the material on record would go to show that, the name of respondent was not found in the FIR and only based on the confession statement of the co-accused, who was arrested, respondent was subsequently arrested on 16.12.2025 and remanded to judicial custody. Immediately after the arrest - 3 - HC-KAR CNR: KAHC010612962026 NC: 2026:KHC:49754 CRL.P No. 13789 of 2026 of the respondent, he was given to police custody for a period of 4 days. However, no incriminating material was collected by the investigation officer. It is not in dispute that no contraband article has been seized in the present case from the possession of the respondent. Allegation against the respondent is that he had transferred certain amount at the instance of other accused persons to the person who had supplied the contraband article. 5. Investigation of the case is now already completed and charge sheet is filed. The persons from whom the contraband articles have been seized are arrested and remanded to judicial custody. Under the circumstances, I am of the opinion that the Trial Court was justified in enlarging the respondent / accused no.5 on bail. Therefore, Criminal Petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 14