- 1 - HC-KAR NC: 2026:KHC-D:1108 CRL.P No. 104360 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104360 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KEMPANNA S/O. RAMU KOLI AGE. 47 YEARS, OCC. GOVT. JOB, R/O. HEBBAL VILLAGE, NAGARAJ ROAD, TQ. HUKKERI, DIST. BELAGAVI, PRESENTLY R/O. OPPOSITE OLD JAIL QUARTERS, SAIDAPUR, DHARWAD-580008. …PETITIONER (BY SRI. PRAVEEN HUCHARADDI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SUB-URBAN POLICE STATION, DHARWAD, R/BY HCGP, DHARWAD-580011. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL, IN DHARWAD SUB-URBAN P.S. CRIME NO.143/2025, PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE, DHARWAD FOR THE OFFENCES PUNISHABLE U/S 22(B) OF NDPS ACT 1985. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1108 CRL.P No. 104360 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Praveen Hucharaddi, learned counsel for the petitioner and Sri. P. N. Hatti, learned High Court Government Pleader for respondent – State. 2. Petitioner is accused No.4 in Crime No.143/2025 of Dharwad Sub-Urban Police Station, which is now numbered as Special NDPS No.23/2025 on the file of learned Special Judge, Dharwad. 3. A quantity of 4 grams of MDMA is recovered in the incident. Accused No.4 was apprehended and he was sent to judicial custody. 4. Attempt made by the petitioner to obtain an order of grant of bail was turned down by the learned Special Judge and thereafter, the petitioner is before this Court. 5. Police after thorough investigation filed the charge sheet. Seized NDPS is of intermediary quantity. - 3 - HC-KAR NC: 2026:KHC-D:1108 CRL.P No. 104360 of 2025 6. Since the seized quantity of NDPS is not the commercial quantity, embargo under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 19851 could not be made applicable in the case on hand. 7. Prosecution objections do not indicate that the petitioner is a habitual offender and it is an isolated incident. 8. Taking note of these aspects of the matter, continuation of the petitioner in judicial custody is no longer warranted. 9. The other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 10. Accordingly, the following: ORDER (i) The petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing personal bond in a sum of Rs.1,00,000/- with two sureties 1 For short, ‘NDPS Act’ - 4 - HC-KAR NC: 2026:KHC-D:1108 CRL.P No. 104360 of 2025 for the like sum to the satisfaction of the learned Special Judge, of which one surety shall be a local surety. (iii) Petitioner shall not tamper the prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. (v) Petitioner shall not leave the jurisdiction of Dharwad and Belagavi Districts without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 2 SL NO.: 4