Sri C N Kalyan Vs State of Karnataka

SRI C N KALYAN S/O SRI.C.NAGENDRA AGED ABOUT 24 YEARS, BDS STUDENT, BAPUJI DENTAL COLLEGE, DAVANAGERE, R/O ROOM No.203, 2^ND FLOOR, DENTAL BOYS HOSTEL, DAVANAGERE - 577 004. PERMANENT R/O VISHNUPRIYA NILAYA, BEHIND SBI BANK, BEHIND MANASA MEDICALS, MG ROAD, Y.N. HOSKOTE, PAVAGADA TALUK, TUMKUR DISTRICT-. 572141

¶10

…PETITIONER

¶11

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

¶12

(BY SRI. BADRI VISHAL.,ADVOCATE)

¶13

AND:

¶14

STATE OF KARNATAKA BY CEN POLICE STATION, DAVANAGERE, REP, BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU - 560001

¶15

…RESPONDENT

¶16

(BY SRI CHANNAPPA ERAPPA, HCGP)

¶17

NC: 2025:KHC:41930 CRL.P No. 12257 of 2025

¶18

2 -

¶19

HC-KAR

¶20

THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL, WHO IS IN JUDICIAL CUSTODY IN CEN CRIME P.S., AT DAVANAGERE PRISON SUBSEQUENT TO REMAND BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS COURT ARISING OUT OF CR.NO.107/2025, FOR THE OFFENCES 8(c), 21(b), 22(b), 29 OF NDPS ACT.

¶21

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶22

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶23

ORAL ORDER

¶24

This petition is filed by accused No.5 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.107/2025 of Davanagere CEN Crime PS registered for the offences punishable under Sections 8(c), 21(b), 22(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

¶25

Heard the learned counsel for petitioner and the

¶26

learned High Court Government Pleader for respondent - State.

¶27

The learned counsel for the petitioner would

¶28

contend that, the petitioner is a BDS student studying in

¶29

3 - NC: 2025:KHC:41930 CRL.P No. 12257 of 2025

¶30

HC-KAR

¶31

the Bapuji Dental College at Davanagere, and he has been falsely implicated in this case. He further submits that, the investigation is over, and charge sheet has been filed, and therefore, the petitioner is not required for custodial interrogation. Now the petitioner has completed his dental degree, and he has to undergo housemanship. The contraband has not been seized from the possession of the petitioner. The petitioner is stated to be a purchaser from the other accused. If he is continued in the prison, it will affect his educational career. With this, he prayed to allow the petition.

¶32

Per contra, the learned High Court Government

¶33

Pleader for the respondent - State would contend that, the petitioner along with the other accused is involved in sale of MDMA. On the date of incident, the petitioner went to purchase of MDMA from other accused for sale. The charge sheet material shows prima facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, there are chances of threatening

¶34

4 -

¶35

NC: 2025:KHC:41930 CRL.P No. 12257 of 2025

¶36

HC-KAR

¶37

the prosecution witnesses and committing similar offences. With this, he prayed to reject the petition.

¶38

Having heard the learned counsel, the Court

¶39

has perused charge sheet records and other materials placed on records.

¶40

On receiving credible information that, MDMA was being transported in a car bearing registration No.KA21-MA-0602 on 24.07.2025 at about 10.50 p.m, the police

¶41

found the said car parked, and found accused Nos.1 to 4 in the said car. The inmates of the car disclosed that, they were moving to hand over MDMA to accused No.5/Kalyan, who is a petitioner herein. The MDMA weighing 13 grams and 5.61 grams have been seized from the dash board of the car. The petitioner was not inmate of the said car.

¶42

The accusation against the petitioner is that,

¶43

the said MDMA has been transported by accused Nos.1 to 4 for being supplied to accused No.5, who is petitioner herein. The said contraband i.e. MDMA has not been

¶44

5 - NC: 2025:KHC:41930 CRL.P No. 12257 of 2025

¶45

HC-KAR

¶46

seized from the possession of the petitioner. The investigation is over, and the charge sheet has been filed.

¶47

Considering the said fact that, the petitioner is

¶48

a BDS student having completed the course, and has to undergo housemanship. Therefore, he is entitled for grant of bail with stringent conditions.

¶49

In the result, the following:

¶50

ORDER

¶51

i) The petition is allowed.

¶52

ii) The petitioner is granted bail in Crime

¶53

No.107/2025 of Davanagere CEN Crime Police Station subject to following conditions.

¶54

a) The petitioner shall execute a personal bond for the sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court.

¶55

b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

¶56

6 -

¶57

NC: 2025:KHC:41930 CRL.P No. 12257 of 2025

¶58

HC-KAR

¶59

c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate with speedy disposal of the case.

¶60

d) The petitioner shall not involve in commission of similar offences. If he is found having committed similar offence, the prosecution is at liberty to seek cancellation of his bail.

¶61

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

¶62

BKM List No.: 1 Sl No.: 1

Sri C N Kalyan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri C N Kalyan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri Sendil Kumar @ Sendhil Vs State of Karnataka

Smt Farida Begum Vs State of Karnataka

Thangamma Vs the State of Karnataka

Sanjay Kumar a Vs State of Karnataka

Sri Ajay Kumar Vs State by Bangalore Rural Women'S Police Station

Ms. Jagadevi Bhimashankar Salotagi Vs the State of Karnataka