- 1 - HC-KAR NC: 2026:KHC-D:1111 CRL.P No. 105287 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. 105287 OF 2025 (439(CR.PC)/483(BNSS)-) BETWEEN: SRI. SHEKAR @ MALLICHETTI SHEKAR S/O MALLICHETTI CHANNAPPA AGE. 39 YEARS, OCC. CAR DRIVER, R/O W.NO.7, NEAR BHAGAYANAGAR SCIENECE SCHOOL GUNTAKAL, TQ. GUNTAKAL 515801, DIST. ANANTHAPURAM, ANDHRA PRADESH. …PETITIONER (BY SRI. H.R. DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA, REP BY ITS SPP THORUGH ITS POLICE INSPECTOR OF GANGAVATHI RURAL P.S. GANGAVATHI, HIGH COURT BUILDING HIGH COURT OF KARNATAKA, AT DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 PRAYING THAT THE PETITIONER/ACCUSED NO. 4 MAY BE ENLARGED ON BAIL IN CRIME NO. 312/2025 GANGAVATHI RURAL PS PENDING BEFORE I ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL (SITTING AT GANGAVATHI) FOR THE OFFENCE P/U/SEC. 20(B)(II)(B) OF NDPS ACT 1985, IN THE INTEREST OF JUSTICE AND EQUITY. 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:1111 CRL.P No. 105287 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.H.R.Deshpande, learned counsel appearing for the petitioner and Sri.P.N.Hatti, learned High Court Government Pleader, appearing for the state-respondent. 2. The petitioner is accused No.4 in respect of Crime No.312 of 2025. He claims that he was the driver of the vehicle wherein accused Nos.1 to 3 were carrying ganja. The seized ganja is to the tune of 5 kgs and 770 grams. According to the petitioner, his vehicle was hired by accused No.1 and therefore, he has known access to the incident. 3. Admittedly, the vehicle that was seized by the prosecuting agency was not permitted to be used for hired passengers. Whether at all there was no nexus between the present petitioner and the other accused persons or not cannot be decided by this Court at this stage by holding a mini-trial, as the investigation is in progress. 4. Attempt made by the petitioner to seek the grant of bail is turned down by the learned District Judge. 5. Thereafter, petitioner is before this Court. - 3 - HC-KAR NC: 2026:KHC-D:1111 CRL.P No. 105287 of 2025 6. Sri.H.R.Deshpande, learned counsel for the petitioner, reiterating the grounds urged in the petition would contend that petitioner is having three children, of whom the youngest child is deaf and dumb and he being the driver of the vehicle in which the other accused persons were travelling with ganja, be taken note of and the petitioner be enlarged on bail by imposing stringent conditions. 7. Per contra, Sri.P.N.Hatti, learned High Court Government Pleader, opposes the bail grounds by contending that when the vehicle itself was incapable of being hired for the purpose of carrying hired passengers, as there was no proper pass and permit, the contentions urged on behalf of the petitioner cannot be countenanced at least at this stage. Accordingly, he sought for dismissal of the petition. 8. Having heard the arguments of both sides this Court perused the material on record meticulously. 9. On such perusal of the material on record, whether at all the present petitioner had any nexus in the incident or not cannot be decided by this Court at this stage by holding a mini- trial as the investigation is under progress. - 4 - HC-KAR NC: 2026:KHC-D:1111 CRL.P No. 105287 of 2025 10. Admittedly, the vehicle was not having proper permit to transport the passengers on hire basis. 11. Under such circumstances, the contentions urged on behalf of the petitioner that he was only a driver of a hired vehicle and innocent of the offences alleged against him cannot be countenanced in law at least for time being. 12. Taking note of these aspects of the matter, no ground is made out to accept the bail request of the petitioner for the time being. 13. It is always open for the petitioner to renew his request with a successive bail application if there is a positive change or circumstance in the case. 14. With that liberty for the petitioner, the following order: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE RHR/- CT:CMU LIST NO.: 2 SL NO.: 11