- 1 - HC-KAR CNR: KAHC010457122026 NC: 2026:KHC:50536 CRL.P No. 9790 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9790 OF 2026 BETWEEN: 1. JAGAN R S/O RAJAN AGED ABOUT 40 YEARS R/AT KRISHNAPPA LAYOUT 2ND CROSS, PILLAGANAHALLI BANGALORE, KARNATAKA 560076. …PETITIONER (BY SRI ABHILASH GOWDA M.N, ADV., FOR SRI PUNEETH. B.S, ADV.) AND: 1. STATE OF KARNATAKA BY KONANAKUNTE P S, REP BY SPP, HIGH COURT OF KARNATAKA BANGALORE 560001. …RESPONDENT (BY SRI CHAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO HIM IN SPL.C.NO.170/2023 (CRIME NO.337/2022) OF RESPONDENT KONANAKUNTE POLICE STATION, WHICH IS REGISTERED A CASE FOR OFFENCES P/U/S 20(b)(ii)(c) OF NDPS ACT WHICH IS PENDING ON THE FILE OF HONBLE XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE (NDPS) BENGALURU, ON SUCH TERMS AND CONDITIONS DEEMS FIT. 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: KAHC010457122026 NC: 2026:KHC:50536 CRL.P No. 9790 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in Special Case No.170 of 2023 pending before the Court of XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.337 of 2022 registered by Konanakunte Police Station, Bengaluru City for offence punishable under Section 20(b)(ii)C of NDPS Act, 1985 is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.337 of 2022 was registered by Konanakunte Police Station, Bengaluru City against the petitioner herein and another, based on first information dated 07.11.2022, received from Sri Suhas N R, police officer, attached to Konanakunte Police Station. In the said case, the petitioner and accused no.2 were arrested on 07.11.2022 and remanded to judicial custody. After completing investigation, charge sheet is filed against accused nos.1 and 2 for the - 3 - HC-KAR CNR: KAHC010457122026 NC: 2026:KHC:50536 CRL.P No. 9790 of 2026 aforesaid offences. The bail application filed by the petitioner before the Trial Court was rejected and therefore, he had earlier approached this Court in Criminal petition No.5856 of 2023 which was dismissed by this Court on 23.08.2023. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Perusal of the material on record would go to show that, based on the credible information received to the effect that two persons were attempting to sell contraband article within the jurisdiction of Konanakunte Police Station, a raid was conducted to the alleged spot where accused nos.1 and 2 were present and they were apprehended by the police and from their bag, contraband article allegedly ganja totally weighing 105 kg was recovered and seized under a panchanama. Accused no.2 has been granted regular bail by this Court in Criminal Petition No.11777 of 2024 vide order dated 04.03.2025, considering the period of his incarceration and delay in trial. In paragraph nos.6 and 7 of the order passed by this Court in Criminal Petition No.11777 of 2024, this Court has observed as follows:- - 4 - HC-KAR CNR: KAHC010457122026 NC: 2026:KHC:50536 CRL.P No. 9790 of 2026 "6. The material on record would go to show that on the basis of credible information received, the first informant along with his staffs have apprehended the accused persons and the bag which was carried by them containing the contraband articles i.e., ganja totally weighing 105 kgs was seized. The petitioner herein was arrested on 07.11.2022 and subsequently remanded to judicial custody. Undisputedly, the petitioner is not having any other criminal antecedents. He is in custody for the last 2 years 3 months. The case before the Trial Court is still at the stage of framing charges. The prosecution in all has cited 10 charge sheet witnesses in the present case. This Court has rejected the bail application of accused No.1 in Criminal Petition No.5856 of 2023 taking into consideration that he was a person having criminal antecedents and was involved in as many as 5 criminal cases registered against him under the provisions of NDPS Act. Accused No.1 was released on bail in another NDPS case on 29.10.2022 and within a span of 10 days from the date of his release, he was apprehended in the present case. Under these circumstances, his bail application was rejected by this Court in Criminal Petition No.5856 of 2023 on 23.08.2023. 7. So far as the present petitioner is concerned, undisputedly, he is not having any criminal antecedents and he is in custody for the last 2 years 3 months. The case before the Trial Court is still at the - 5 - HC-KAR CNR: KAHC010457122026 NC: 2026:KHC:50536 CRL.P No. 9790 of 2026 stage of framing charges. In the case of Chitta Biswas Alias Subhas vs. State of West Bengal reported in 2020 SCC OnLine SC 1536, the Hon'ble Supreme Court taking into consideration that the accused was in custody for a period of one year seven months and there was no sufficient progress in trial, without expressing any opinion on merits and demerits of the case, has granted regular bail to the accused. In the case of Nitish Adhikary alias Bapan vs. State of West Bengal reported in 2022 SCC OnLine SC 2068 in a case where charge sheet was filed for the offences punishable under Sections 21(c) and 37 of the NDPS Act and accused was in custody for a period of one year seven months, the Hon'ble Supreme Court has granted regular bail on the ground that trial is still in the preliminary stage, as only one witness was examined". 5. Learned HCGP has brought to the notice of this Court that petitioner is a person with criminal antecedents. Considering the said aspects of the matter, petitioners' earlier bail application in Criminal Petition No.5856 of 2023 was dismissed by this Court on 23.08.2023. The order sheet of the Trial Court in Special Case No.170 of 2023 would also show that though the petitioner is in custody for the last nearly 4 years there is absolutely no progress in trial. In the case as on - 6 - HC-KAR CNR: KAHC010457122026 NC: 2026:KHC:50536 CRL.P No. 9790 of 2026 this date, not even a single charge sheet witness has been examined in the present case by the prosecution. 6. The Hon'ble Supreme Court in the case of MOHD. MULSIM ALIAS HUSSAIN V. STATE (NCT OF DELHI) - 2023 SCC ONLINE SC 352 in paragraph nos.20 and 21 has observed as follows:- "20. A plain and literal interpretation of the conditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive detention and unsanctioned preventive detention as well. Therefore, the only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail application is made) that the accused is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences such as those enacted under Section 37 of the NDPS Act. 21. The standard to be considered therefore, is one, where the court would look at the material in a - 7 - HC-KAR CNR: KAHC010457122026 NC: 2026:KHC:50536 CRL.P No. 9790 of 2026 broad manner, and reasonably see whether the accused’s guilt may be proved. The judgments of this court have, therefore, emphasized that the satisfaction which courts are expected to record, i.e., that the accused may not be guilty, is only prima facie, based on a reasonable reading, which does not call for meticulous examination of the materials collected during investigation as held in Union of India v. Rattan Malik." 7. In the case of SHEIKH JAVED IQBAL @ ASHFAQ ANSARI @ JAVED ANSARI VS STATE OF UTTAR PRADESH - 2024 SCC OnLine SC 1755, the Hon'ble Supreme Court in paragraph 32, has observed as under: "32. This Court has, time and again, emphasized that right to life and personal liberty enshrined under Article 21 of the Constitution of India is overarching and sacrosanct. A constitutional court cannot be restrained from granting bail to an accused on account of restrictive statutory provisions in a penal statute if it finds that the right of the accused-undertrial under Article 21 of the Constitution of India has been infringed. In that event, such statutory restrictions would not come in the way. Even in the case of interpretation of a penal statute, howsoever stringent it may be, a - 8 - HC-KAR CNR: KAHC010457122026 NC: 2026:KHC:50536 CRL.P No. 9790 of 2026 constitutional court has to lean in favour of constitutionalism and the rule of law of which liberty is an intrinsic part. In the given facts of a particular case, a constitutional court may decline to grant bail. But it would be very wrong to say that under a particular statute, bail cannot be granted. It would run counter to the very grain of our constitutional jurisprudence. In any view of the matter, K.A. Najeeb (supra) being rendered by a three Judge Bench is binding on a Bench of two Judges like us. 8. The antecedents of a person itself cannot be a sole ground to deny him bail, if he is otherwise found entitled for the same. The law in this regard has been laid down by the Hon'ble Supreme Court in the case of PRABHAKAR TEWARI V STATE OF UTTAR PRADESH & ANR - (2020) 11 SCC 648. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special Case No.170 of 2023 pending before the - 9 - HC-KAR CNR: KAHC010457122026 NC: 2026:KHC:50536 CRL.P No. 9790 of 2026 Court of XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.337 of 2022 registered by Konanakunte Police Station, Bengaluru City for offence punishable under Section 20(b)(ii)C of NDPS Act, 1985, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 - 10 - HC-KAR CNR: KAHC010457122026 NC: 2026:KHC:50536 CRL.P No. 9790 of 2026 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 30