Mr Rahul Basavaraj Sutar (A1) Vs the State of Karnataka

THE STATE OF KARNATAKA, THROUGH PSI BELAGAVI RURAL PS, TQ. AND DIST. BELAGAVI, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD 580011.

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…RESPONDENT

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(BY SRI. P.N. HATTI, HCGP)

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Digitally signed byCHANDRASHEKAR LAXMAN KATTIMANI Location: HighCourt of Karnataka, Dharwad Bench

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C.1973, (U/S. 483 OF BNSS, 2023), PRAYING THAT THE PRESENT REGULAR BAIL PETITION PREFERRED BY THE PETITIONER/A1 MAY KINDLY BE ALLOWED AND HE BE ORDERED TO BE RELEASED ON BAIL IN CONNECTION WITH BELAGAVI RURAL P.S. CRIME NO. 201/2025 FILED FOR ALLEGED OFFENCES UNDER SECTION 20(b)(ii)(B) OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985. FILED ON RECORD BEFORE ADDL. DISTRICT AND SESSIONS COURT, BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2026:KHC-D:483 CRL.P No. 104937 of 2025

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HC-KAR

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Heard the learned counsel Sri.Siddesh G. Kulkarni, appearing for petitioner and learned High Court Government Pleader-Sri.P.N.Hatti, for respondent-State.

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The petitioner is accused No.1, who is the rider of the motorcycle and accused No.2 was carrying a sling bag on his back containing ganja. Upon interception of the motorcycle was intercepted by the head of the party, and in the presence of Panchas, the bag was opened and 1 kg 16 grams of wet ganja was found in the bag and there it was seized. The petitioner was arrested and sent to judicial custody. Accused No.2, from whose custody ganja was seized, has been enlarged on the bail.

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The investigation is completed and charge sheet is filed. The matter is now pending before the Special Court in Special Case No.1/26 on the file of II Additional District and Sessions Court, Belagavi.

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Learned counsel for the petitioner submits that even assuming the entire case of the prosecution is proved and the

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3 - NC: 2026:KHC-D:483 CRL.P No. 104937 of 2025

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HC-KAR

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seized quantity is an intermediate quantity, and charge sheet having been filed, continuation of the accused in judicial custody is no longer warranted, especially in the absence of any previous criminal antecedents.

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Sri.P.N.Hatti, learned High Court Government Pleader, opposes the bail grounds, contending that the offence alleged against the petitioner is serious offence against the society at large and many innocent youngsters are now victims of substances prohibited under the NDPS Act and therefore, sought for rejection of the bail.

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Having heard the arguments of both sides, this Court perused the material on record meticulously.

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On such perusal, petitioner is entitled for grant of bail on two grounds. Firstly, on the ground of parity and secondly, charge sheet is filed and the seized NDPS is of intermediate quantity.

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Other apprehensions expressed by the prosecution can be met with by imposing suitable conditions. More so, in the absence of criminal antecedents

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NC: 2026:KHC-D:483 CRL.P No. 104937 of 2025

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HC-KAR

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9. Accordingly, the following order,

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ORDER

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(i) The petition is allowed.

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(ii) The petitioner shall be enlarged on bail, executing a bond in a sum of ₹.1,00,000/with two sureties for the like sum to the satisfaction of the trial Court.

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(iii) The petitioner shall attend the Court regularly.

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(iv) The petitioner shall not indulge in the similar offences.

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(v) The petitioner shall not threaten the prosecution witnesses in any manner.

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(vi) The petitioner shall not leave the jurisdiction of Belagavi District without prior permission.

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Violation of any of the above conditions would entitle prosecution for seeking cancellation of bail.

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Order accordingly.