Sri. Srinivasa M @ Sheenappa @ Ganja Seena Vs the State of Karnataka

SRI. SRINIVASA M @ SHEENAPPA @ GANJA SEENA S/O. MADASHETTY AGED ABOUT 54 YEARS, PUSHPAPURA VILLAGE SHAGYA POST, HANUR HOBLI, HANUR TALUK CHAMARAJANAGAR DISTRICT-571 439.

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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(BY SRI. RAKSHITH R., ADVOCATE FOR SRI. MALLESHA V., ADVOCATE)

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AND:

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…PETITIONER

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THE STATE OF KARNATAKA BY NARASIMHARAJA POLICE STATION, REPT. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560 001.

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…RESPONDENT

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(BY SRI.M.R. PATIL, HCGP)

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2 - NC: 2026:KHC:25487 CRL.P No. 14116 of 2025

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HC-KAR

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THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C./UNDER SECTION 483 OF BNSS, 2023, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.159/2025 OF RESPONDENT NARASIMHARAJA POLICE FOR THE OFFENCE P/U/S.20(b)(ii)(B) OF THE NDPS ACT, PENDING ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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ORAL ORDER

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The bail application is filed by the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge him on regular bail for the offence punishable under Section 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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The case of the petitioner is that he is not guilty of the offence alleged. It is further submitted that the investigation is completed and the petitioner has co-operated with the investigation. It is also submitted

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that the offence alleged is not a heinous crime and is not punishable with death or imprisonment for life. On the said

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3 - NC: 2026:KHC:25487 CRL.P No. 14116 of 2025

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HC-KAR

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ground, it is prayed that the petitioner be enlarged on bail subject to terms and conditions as may be imposed by the Court.

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Per contra, the learned High Court Government Pleader, upon instructions, submits that the petitioner is a habitual offender and eleven cases are pending against him. He further submits that prima facie material is found against the accused and ganja of about 14 kgs 165 grams has been recovered from him. He further submits that if bail is granted, petitioner is likely to abscond. However, he admits that the investigation is completed and police report has been filed and the trial has commenced and that the petitioner is not required for any custodial interrogation. He also admits that though eleven cases are pending against the petitioner, so far he has not been convicted in any cases.

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NC: 2026:KHC:25487 CRL.P No. 14116 of 2025

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HC-KAR

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The question that arises for consideration under the

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given facts and circumstances of the case is, the petitioner entitled for bail or not?

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Admittedly, the investigation in the present case is completed and police report has been filed and the petitioner is not required for custodial interrogation. The offence alleged against the petitioner is not punishable with death or imprisonment for life. Though eleven cases are pending against the petitioner, he has not been convicted in any of the cases and hence, cannot be termed as a habitual offender as per the provisions of the Karnataka Habitual Offenders Act, 1961.

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As the investigation is completed and the offence alleged is not punishable with death or imprisonment for life, under the given facts and circumstances of the case, I am of the opinion that it is a fit case for grant of bail, subject to certain terms and conditions. Hence, the following:-

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NC: 2026:KHC:25487 CRL.P No. 14116 of 2025

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HC-KAR

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ORDER

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i. The petition is allowed .

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ii. The petitioner is directed to be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum.

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iii. The petitioner shall not directly or indirectly hamper the investigation process in any manner or tamper the prosecution witnesses.

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iv. The petitioner shall mark his attendance before the Investigating Officer on every third Sunday between 10.00 am and 2.00 pm., till completion of the trial.

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