- 1 - HC-KAR NC: 2026:KHC:828 CRL.P No. 14025 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14025 OF 2025 BETWEEN: MANOHAR S/O SAKAPPA AGED ABOUT 26 YEARS RESIDENT OF MALUR TALUK KADADANAHALLI VILLAGE KOLAR DISTRICT PIN - 563 139. …PETITIONER (BY SRI A.S. KULKARNI, ADV.) AND: THE STATE OF KARNATAKA REPRESENTED BY SUB-INSPECTOR OF POLICE BY MULBAGAL RURAL POLICE STATION MULBAGAL 563 131, KOLAR DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL ARISING OUT OF CR.NO.60/2025 (SPL.C.NDPS.NO.32/2025) IN MULBAGAL RURAL P.S., FOR THE OFFENCES P/U/S 20(b)(ii)(c) OF THE NDPS ACT, 1985, PENDING ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR. 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 NC: 2026:KHC:828 CRL.P No. 14025 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 is before this Court in the successive bail application filed under Section 483 of BNSS, 2023, with a prayer to enlarge him on bail in Special Case (NDPS) No.32/2025, pending before the Court of Principal District and Sessions Judge, Kolar, arising out of Crime No.60/2025 registered by Mulbagal Rural Police Station, Kolar, for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act, 1985. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.60/2025 was registered by Mulbagal Rural Police Station, Kolar, initially for the offence punishable under Sections 20(b)(ii)(B) of NDPS Act, 1985, against two unknown persons based on the first information dated 24.02.2025, received from Sri. Sathish K.G., Circle Inspector of Police attached to Mulbagal Rural Police Station, Kolar. During the course of investigation, petitioner and one Krishnamurthy were arrested and from their possession, contraband article allegedly ganja totally weighing 23 kgs 805 grams was seized - 3 - HC-KAR NC: 2026:KHC:828 CRL.P No. 14025 of 2025 and subjected to panchanama. They were produced before the Court and remanded to judicial custody on 25.02.2025. Bail application filed by the petitioner before the jurisdictional sessions Court was rejected and therefore, he had approached this Court earlier in Crl.P.No.6002/2025 which was dismissed as not pressed with liberty to the petitioner to renew his bail application before the jurisdictional Sessions Court after charge sheet is filed. Subsequently, investigation was completed and charge sheet was filed against six persons and petitioner is arraigned as accused No.2 in the charge sheet. His bail application filed before the Trial Court in Crl.Misc.No.741/2025 was rejected on 17.09.2025. It is under these circumstances, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that allegation against accused Nos.1 and 2 are similar in the charge sheet. Petitioner has no other criminal antecedents. He is in custody for the last more than ten months. Accused No.1 has been enlarged on bail by this Court in Crl.P.No.13840/2025. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC:828 CRL.P No. 14025 of 2025 5. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that FIR was initially registered against two unknown persons based on the first information received from the Circle Inspector of Police, Mulbagal Rural Police Station, Kolar. In the first information, it is averred that the first informant had received credible information that two strangers were transporting about 5 kgs of ganja in an auto rikshaw and were travelling from Mulbagal towards Kolar. After registering FIR based on credible information, auto rikshaw bearing registration No.KA07/B1049 in which accused Nos.1 and 2 were travelling was intercepted and from the dicky of the auto rikshaw, contraband article allegedly ganja totally weighing 23 kgs 805 grams was seized. Investigation is completed and charge sheet has been filed. The allegation against accused Nos.1 and 2 in the charge sheet is similar. Accused No.1, who also has no other criminal antecedents, has been enlarged on bail by this Court in Crl.P.No.13840/2025 disposed off on 10.12.2025. It is not in - 5 - HC-KAR NC: 2026:KHC:828 CRL.P No. 14025 of 2025 dispute that petitioner also has no other criminal antecedents. Considering the aforesaid aspects of the matter and also having regard to the reasons assigned by this Court in Crl.P.No.13840/2025, wherein accused No.1 has been granted regular bail by this Court, I am of the opinion that the prayer made in this petition by accused No.2, who is similarly placed is required to be granted. Accordingly, the following order:- 7. The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Special Case (NDPS).No.32/2025 pending before the Court of Principal District and Sessions Judge, Kolar, arising out of Crime No.60/2025, registered by Mulbagal Rural Police Station, Kolar, for offence punishable under Section 20(b)(ii)(C) of the NDPS Act, 1985, subject to the following conditions: a) The petitioner shall execute 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; - 6 - HC-KAR NC: 2026:KHC:828 CRL.P No. 14025 of 2025 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.: 5