- 1 - HC-KAR NC: 2026:KHC:9422 CRL.P No. 17294 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17294 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI LOKESH D K S/O KRISHNAPPA AGED ABOUT 20 YEARS R/AT BISLAHALLI VILLAGE MANCHENAHALLI HOBLI GOWRIBIDANUR CHICKBALLAPURA DISTRICT – 561 211. 2. SRI NARYANAPPA S/O LATE ADEPPA AGED ABOUT 60 YEARS R/AT VAADARAPALYA VILLAGE KASABA HOBLI, BAGEPALLI TALUK CHICKBALLAPURA DISTRICT – 561 207. …PETITIONERS (BY SRI VINAYA KUMAR N D, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. THROUGH BAGEPALLI POLICE. …RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9422 CRL.P No. 17294 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGED THE PETITIONER (ACCUSED No.1 AND 3) ON BAIL IN CONNECTION TO OFFENCE PUNISHABLE UNDER SECTIONS 20(b)(ii)(B) AND 8(c) OF NDPS ACT IN CRIME No.382/2025 ON THE FILE OF THE BAGEPALLI POLICE STATION. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos. 1 and 3 under Section 483 of BNSS praying to grant bail in Crime No.382/2025 of Bagepalli Police Station, registered for offences punishable under Section 20(b)(B) and 8(c) of NDPS Act. 2. Heard the learned counsel for petitioners and learned HCGP for respondent/State. 3. Learned counsel for petitioners would contend that the ganja seized is 3.995 kg and in the mahazar it is mentioned that it is little wet ganja. The investigation is over and charge sheet has been filed and therefore, the petitioners are not required for further custodial - 3 - HC-KAR NC: 2026:KHC:9422 CRL.P No. 17294 of 2025 interrogation. Petitioner No.1 is stated to be involved in one case involving 1.800 kg of ganja and petitioner No.2/accused No.3 is stated to be involved in two cases for similar offence and they have been granted bail in the said cases. Petitioner No.1 is aged 20 years and petitioner No.2 is aged 60 years and he is suffering from age related ailments. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the ganja seized from the possession of the petitioners is an intermediate quantity and punishment provided for the same is imprisonment which may extend up to 10 years. The petitioners are having criminal antecedents involved in similar offences. If the petitioners are granted bail, there are chances of them again committing similar offence. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. - 4 - HC-KAR NC: 2026:KHC:9422 CRL.P No. 17294 of 2025 6. The case of the prosecution as per charge sheet is that on 21.11.2025 at 02.30 p.m. when the PSI and other staff were on patrolling duty, at that time they found 3.995 kg of ganja and it has been seized under mahazar. The FSL report indicates that the said contraband seized is positive for ganja. The quantity of ganja seized is intermediate quantity. The punishment provided for the same is imprisonment which may extend up to 10 years. Petitioner No.1/accused No.1 is having criminal antecedent involved in Crime No.63/2025 of Chikkaballapura CEN Police Station registered for offence under Section 20(B) of NDPS Act. Petitioner No.2/accused No.3 is also having criminal antecedents and he is involved in Crime No.21/2020 of Bagepalli Police Station, registered for offence under Section 20 of NDPS Act and Crime No.216/2020 of Bagepalli Police Station, registered for offence under Section 20(B) of NDPS Act. Petitioners were on bail have committed the present offence. The present offence is similar to the offences registered against the - 5 - HC-KAR NC: 2026:KHC:9422 CRL.P No. 17294 of 2025 petitioners earlier. Petitioners are having criminal antecedents and if they are granted bail there are chances of they committing similar offence. The Hon’ble Apex Court in the case of Ankush Vipan Kapoor v. National Investigation Agency, (2025) 5 SCC 155 has observed as under: "86. The ills of drug abuse seem to be shadowing the length and breadth of our country with the Central and every State Government fighting against the menace of substance abuse. The debilitating impact of drug trade and drug abuse is an immediate and serious concern for India. As the globe grapples with the menace of the escalating Substance Use Disorders ("SUD") and ever accessible drug market, consequences leave a generational imprint on public health and even national security. Article 47 of the Constitution makes it a duty of the State to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are - 6 - HC-KAR NC: 2026:KHC:9422 CRL.P No. 17294 of 2025 injurious to health. The State has a responsibility to address the root causes of this predicament and develop effective intervention strategies to ensure that India's younger population, which is particularly vulnerable to substance abuse, is protected and saved from such menace. This is particularly because substance abuse is linked to social problems and can contribute to child maltreatment, spousal violence, and even property crime in a family." Considering the above aspects, the petitioners have not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 28 Ct.sm