Disposed¶31

Kiran S v. the State by

Karnataka HC27 Apr 2026CRL.P/4477/2026

Case brief

AI extract

What is this about?

CRL.P No. 4477 of 2026; Kiran S v. The State by Arasikere Railway Police Station; bail; NDPS Act 1985 S.20(b)(ii)(B); Crime No.31/2025; Spl.C.No.454/2025 Hassan; rejection of bail application under S.483 BNSS; cancellation of bail bond; surety impersonation allegation; direction to file fresh bail application with surety to be disposed same day; S.439 CrPC; S.483 BNSS; S Rachaiah J.; decision dated 27.04.2026.

What did the court decide?

Petition disposed of with direction to the petitioner to approach the Trial Court with a fresh bail application and surety; the Trial Court directed to dispose of such application on the same day. ¶31

Kiran S Vs the State by — Narcotics (NDPS) | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of with direction to the petitioner to approach the Trial Court with a fresh bail application and surety; the Trial Court directed to dispose of such application on the same day.

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Issue for consideration

Whether the petitioner is entitled to be granted bail and released in Spl.C.No.454/2025 (offences under S.20(b)(ii)(B) NDPS Act 1985, Crime No.31/2025, Arasikere Railway Police Station), notwithstanding the Trial Court's order dated 03.03.2026 rejecting the bail application pending production of an acceptable surety.

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Court's answer

On perusal of the impugned order, if a bail application is filed by the petitioner along with surety, the Trial Court may consider the application and pass appropriate orders.

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Ratio / Principle

The petition is disposed of with a direction to the petitioner to approach the Trial Court with a fresh application and surety.

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Key takeaways

If such a fresh application is filed, the Trial Court is directed to dispose of the same on the same day.ratio¶31

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (S Rachaiah, J.), Oral Order dated 27.04.2026 in CRL.P No. 4477 of 2026, filed under S.439 CrPC / S.483 BNSS by Kiran S seeking bail in Spl.C.No.454/2025 (Crime No.31/2025, Arasikere Railway Police Station) registered for offences under S.20(b)(ii)(B) of the NDPS Act 1985. The petition challenged the order dated 03.03.2026 of the Prl. District and Sessions Judge, Hassan, whereby the bail application filed under Section 483 of BNSS on behalf of accused No.2 was rejected after cancellation of his bail bond, the surety being alleged to have impersonated the owner of the property offered as surety, with a bar on further bail applications until surety was produced. The Court observed that a bail application filed along with surety may be considered by the Trial Court, and disposed of the petition directing the petitioner to approach the Trial Court with a fresh application and surety, which the Trial Court was directed to dispose of on the same day.

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¶2

NC: 2026:KHC:23499 CRL.P No. 4477 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 4477 OF 2026

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(439(Cr.PC) / 483(BNSS))

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BETWEEN:

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KIRAN S

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S/O SWAMY, AGED ABOUT 26 YEARS, RESIDING AT PETE DARJE BEEDI, HOLENARASIPURA, TOWN HASSAN, KARNATAKA.

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…PETITIONER

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(BY SRI. ANANDA RAMACHANDRA DASS., ADVOCATE)

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Digitally AND: signed by PAVITHRA N THE STATE BY Location: High THE STATE BY ARASIKERE Court of Karnataka RAILWAY POLICE STATION, STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. ANITHA GIRISH N., HCGP)

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2 - NC: 2026:KHC:23499 CRL.P No. 4477 of 2026

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HC-KAR

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THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT BAIL TO THE PETITIONER AND DIRECT THE PRL. DISTRICT AND SESSIONS JUDGE, AT HASSAN TO RELEASE THE PETITIONER ON BAIL IN SPL.C.NO.454/2025 REGISTERED FOR THE OFFENCES P/U/S 20(b)(ii)B OF THE NDPS ACT 1985 IN CRIME NO.31/2025, REGISTERED IN ARASIKERE RAILWAY POLICE STATION.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL ORDER

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The petitioner is before this Court, being aggrieved by the order dated 03.03.2026, passed by the learned Prl. District and Sessions Judge, Hassan which reads as follows:

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“Case advanced and on the application filed by Hassan HR Advocate along with NOC Vakalath on behalf of accused No.1 and 2 and also filed bail application under Section 483 of BNSS on behalf of A-2.

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The bail bond of accused No.2 was cancelled as he has not produced the sureties before the Court since there is an allegation against said surety that he has impersonated the owner of the property which is offered as a surety.

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3 - NC: 2026:KHC:23499 CRL.P No. 4477 of 2026

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HC-KAR

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Until he produced the surety, he is not

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entitled to file any bail application.

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Hence, bail application is rejected. Call on 12.03.2026.”

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On perusal of the said order, it appears that if a bail application is filed by the petitioner along with surety, the Trial Court may consider the application and pass appropriate orders. Therefore, it is deemed appropriate to dispose of this petition with a direction to the petitioner to approach the Trial Court with a fresh application and surety. If such an application is filed, the Trial Court is directed to dispose of the same on the same day.

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Ordered, accordingly.

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Sd/(S RACHAIAH) JUDGE

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JS List No.: 1 Sl No.: 38

Kiran S v. the State by

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Kiran S v. the State by

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