Bheema @ Bheemanaik Vs State by

THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.21/2026 OF GANDHI NAGARA POLICE STATION, DAVANAGERE ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT DAVANAGERE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 20(b)(ii)(B), 8(c) AND 25 OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 ACT, BY ALLOWING THIS PETITION, IN THE INTEREST OF JUSTICE.

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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 S RACHAIAH

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NC: 2026:KHC:14697 CRL.P No. 3270 of 2026

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HC-KAR

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ORAL ORDER

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The petitioner, who is arraigned as accused No.2, is before this Court seeking for grant of regular bail in Crime No.21/2026 registered by the respondent-police for the offences punishable under Sections 20(b)(ii)(B), 8(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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Brief facts of the case:

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The case of the prosecution is that, an information was received by the complainant that, on 06.02.2026, around 10.30 p.m., one person was selling ganja in a room located near Mehak Shadi Mahal at Davanagere. On receiving the said information, he secured the panchas and went to the spot along with the staff and others. They apprehended the accused and asked about the identity of the said accused. He has disclosed his name as Noorullah, son of Iqbal Saab. The search and seizure was conducted in the presence of the panch witnesses. During search and seizure, they found the contraband, which was weighing about 1 kg. 667 grams, worth of

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NC: 2026:KHC:14697 CRL.P No. 3270 of 2026

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HC-KAR

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Rs.75,000/-. It was seized and panchnama was drawn in the presence of the panch witnesses. The investigation is under progress.

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Heard Sri Raju C.N., learned counsel for the petitioner and Sri Rangaswamy R., learned High Court Government Pleader for the respondent – State.

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The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences. He was taken to judicial custody on 08.02.2026. He is innocent of the alleged offences. He has been arraigned as accused on the basis of the statement given by accused No.1. Nothing has been recovered at his instance. The petitioner is the earning member of the family. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition.

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Per contra, learned High Court Government Pleader for the respondent – State vehemently submitted that the

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HC-KAR

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accused No.2 introduced accused No.3 to sell the contraband to accused No.1. Accused No.1 purchased the contraband from accused No.3. There is a live link between the present petitioner and the other two accused. The contraband has been seized in the presence of panch witnesses from accused No.1. The investigation is under progress. At this stage, the source of the said contraband has to be investigated. Therefore, it is not appropriate to grant bail to the petitioner. Making such submissions, learned High Court Government Pleader prays to reject the petition.

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Heard the learned counsel for the respective parties and perused the averments made in the said complaint and remand applications. As per the said documents, it would indicate that accused No.1 was caught red-handedly by the complainant and his team, who conducted a search and seized the contraband, which is ganja, weighing about 1 kg. 667 grams worth Rs.75,000/-. On his voluntary statement, other accused have been implicated in this case. The present petitioner is arraigned as

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NC: 2026:KHC:14697 CRL.P No. 3270 of 2026

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HC-KAR

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accused No.2. It is alleged against the petitioner that he had introduced accused No. 3 to accused No.1 to purchase the said contraband.

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No doubt, the matter is pending for investigation. However, considering the facts and circumstances of the case and also the overt act of the present petitioner, I am of the considered opinion that the present petitioner has made out a case for grant of bail.

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Hence, I proceed to pass the following:-

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ORDER

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(i) The Criminal Petition is allowed.

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(ii) The petitioner is ordered to be enlarged on bail in Crime No.21/2026 registered by the respondent-police for the offences stated supra , on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court.

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