Sanjay Kumar C K Vs the State by Davanagere

SANJAY KUMAR C.K. S/O KUBENDRAPPA, AGED ABOUT 22 YEARS, R/O MARUTHI CIRCLE, GADEMATA ROAD, NEAR SIBARA, CHANNAGIRI TOWN, DAVANAGERE TALUK AND DISTRICT-577 002.

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…PETITIONER

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(BY SRI. R. SHASHIDHARA, ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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THE STATE BY DAVANAGERE CEN CRIME POLICE STATION, DAVANAGERE, REPRESENTED BY SPP HIGH COURT BUILDING, BANGALORE-01.

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…RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.100/2025 FOR THE OFFENSE PUNISHABLE UNDER SECTIONS 20(b)(ii) B OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 REGISTERED BY DAVANAGERE CEN CRIME POLICE STATION, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT DAVANAGERE.

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NC: 2025:KHC:28964 CRL.P No. 9940 of 2025

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the learned counsel for petitioner, learned High Court Government Pleader for respondent/State and perused the material on record.

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Cr.No.100/2025 of CEN Crime Police Station, Davanagere, is registered against accused Nos.1 and 2 for the offence punishable under Section 20(b)(ii) B of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

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Petitioner is arraigned as accused No.2. He has preferred this petition under Section 483 of BNSS, 2023 to enlarge him on bail.

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The case of prosecution is that, CPI of Davanagere CEN Crime Police Station received a credible information on 19.6.2025 at 4.30 p.m., that two persons are engaged in selling Ganja to the public near a bridge on a service road in Shiramagondanahalli, Davanagere Town. As such, he recorded the said information in the Station House Diary and took

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HC-KAR

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permission from the Superintendent of Police, CEN Crime Police Station, a gazetted officer, for conducting a raid. Thereafter, along with the staff and panchas he went to the spot at about 6.35 pm., apprehended accused Nos.1 and 2 and seized a bag containing 2 Kg. 360 gms. of Ganja valued at Rs.1,75,000/-.

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According to prosecution, both the accused were in possession of 2 Kg. 360 gms. of Ganja and they are involved in selling Ganja to the general public. However, a perusal of the complaint and the mahazar shows that the bag containing Ganja was seized from the possession of accused No.1, who was holding the said bag. Prosecution is alleging that since petitioner was also present along with accused No.1, both of them are involved in selling Ganja, however, the fact remains that there is no recovery from the exclusive possession of petitioner. On the voluntary statement of the accused, prosecution is alleging that even the petitioner is involved in the commission of the offence. At this stage, it cannot be concluded that even the petitioner is involved in the offence by his mere presence at the spot along with accused No.1. Petitioner has no criminal antecedents. Prosecution has to establish its case in a full fledged trial. Petitioner was arrested

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HC-KAR

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on 19.6.2025 and has been interrogated. He is not required for further interrogation. Apprehension of the prosecution can be safeguarded by imposing necessary conditions. Hence, the following:

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ORDER

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i. Petition is allowed.

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ii. Petitioner/accused No.2 in Cr.No.100/2025 of CEN

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Crime Police Station, Davanagere, shall be enlarged on bail subject to following conditions:

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a) He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) He shall furnish his address proof and inform the Court, in case of change in address;

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c) He shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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NC: 2025:KHC:28964 CRL.P No. 9940 of 2025

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