- 1 - HC-KAR NC: 2026:KHC-D:2309 CRL.P No. 100037 of 2026 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100037 OF 2026 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SRI HANIF S/O SHAKSHAVALI AGE 23 YEARS, OCC. POP WORK 583231 R/O. MAHIBUB NAGAR GANGAVATHI TQ GANGAVATHI DIST KOPPAL. 2. SRI SUHEL @ SOHEL S/O JAFARSAB AGE 21 YRS OCC MECHANIC WORK R/O. MAHIBUB NAGAR GANGAVATHI 583231 TQ GANGAVATHI DIST KOPPAL. …PETITIONERS (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA BY GANGAVATHI TOWN P.S. R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING DHARWAD 580001. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO GRANT THEM REGULAR BAIL IN THE CRIME NO.221/2025 OF GANGAVATHI TOWN POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE U/S. 20(b)(ii)(B) NDPS ACT, 1985, PENDING BEFORE I ADDL. DISTRICT AND SESSIONS JUDGE KOPPAL SITTING AT GANGAVATHI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.17 11:06:06 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2309 CRL.P No. 100037 of 2026 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Neelendra D. Gunde, learned counsel for the petitioners, and Sri. P. N. Hatti, learned High Court Government Pleader for the respondent. 2. The petitioners are accused Nos.1 and 2 in Crime No.221/2025 of Gangavathi Town Police, and they have been charge-sheeted for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (for short, “the NDPS Act”). In the incident, 1 kg 61 grams of ganja was seized. The accused persons were apprehended, and their request for bail was rejected by the Special Judge. Thereafter, the petitioners approached this Court. 3. The petitioners have been in custody since 12.11.2025 and have co-operated with the investigation. They have no prior criminal antecedents. - 3 - HC-KAR NC: 2026:KHC-D:2309 CRL.P No. 100037 of 2026 4. Learned counsel for the petitioners further submits that a false theft case has been registered against them and, therefore, their continued detention is no longer warranted, seeking grant of bail. 5. Per contra, Sri. P. N. Hatti, learned High Court Government Pleader for the respondent, opposed the grant of bail. 6. Having heard the arguments of both sides and perused the material on record meticulously, it is noted that 1 kg 61 grams of ganja was seized from the custody of the accused and the investigation is complete. 7. Since the charge sheet has been filed and the seized ganja falls in the category of intermediate quantity, slightly above the small quantity, their continued detention in judicial custody is no longer warranted. 8. Registration of the theft case after the arrest of the petitioners does not prevent the grant of bail, and said offence alleged against the petitioners is not of such gravity so as to deny bail. - 4 - HC-KAR NC: 2026:KHC-D:2309 CRL.P No. 100037 of 2026 9. Considering these aspects, the petitioners are entitled to be granted bail. However, to address the apprehensions of the prosecution, suitable and stringent conditions, including regular attendance of the petitioners until the conclusion of the trial, can be imposed. 10. Accordingly, the following: ORDER i. Criminal petition is allowed. ii. The petitioners are directed to be enlarged on bail upon executing a bond of Rs.50,000/- (Rupees Fifty Thousand only) each, with two sureties for the like sum. iii. Petitioners shall attend the Court regularly. iv. Petitioners shall mark his attendance before the Investigating Officer on every alternate Sunday between 10.00 am and 2.00 pm., till the final report is filed. - 5 - HC-KAR NC: 2026:KHC-D:2309 CRL.P No. 100037 of 2026 v. Petitioners shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner. vi. Petitioners shall not leave the jurisdiction of Koppal District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE AC LIST NO.: 1 SL NO.: 17