MR.PARASURAM, v. THE STATE OF KARNATAKA BY VIDYANAGARA POLICE STATION

Court: High Court of Karnataka

Bench: S RACHAIAH

Judgment date: 2026-03-03

Case summary

High Court of Karnataka judgment dated 2026-03-03. MR.PARASURAM, v. THE STATE OF KARNATAKA BY VIDYANAGARA POLICE STATION. Read the judgment and case details...

Judgment text

- 1 - CRL. P No. 1001 of 2026 C/W CRL. P No. 833 of 2026 CRL. P No. 1114 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU RD DATED THIS THE 3 DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1001 OF 2026 (439(Cr. PC)/483(BNSS)) C/W CRIMINAL PETITION NO. 833 OF 2026 (439(Cr. PC)/483(BNSS)) CRIMINAL PETITION NO. 1114 OF 2026 (439(Cr. PC)/483(BNSS)) CRIMINAL PETITION NO. 1316 OF 2026 (439(Cr. PC)/483(BNSS)) IN CRL. P No. 1001/2026 BETWEEN: 1. MR. PARASURAM, AGED ABOUT 34 YEARS C/O RAVAT RAM, 3367/5 B, SHAMNUR ROAD, NEAR LAXMI FLOOR MILL, MCCB BLOCK, DAVANAGERE - 577 004. CURRENTLY IN JUDICIAL CUSTODY Digitally signed by SREEDHARAN …PETITIONER BANGALORE (BY SRI. VIVEK SUBBAREDDY, SENIOR COUNSEL A/W SUSHMA SRI. GOVARDHAN REDDY J S AND LAKSHMI SMT. HEENA S A, ADVOCATES FOR Location: High SRI. CHAND PASHA, ADVOCATE) Court of Karnataka AND: 1. THE STATE OF KARNATAKA BY VIDYANAGARA POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING – 560 001.

…RESPONDENT (BY SMT. N ANITHA GIRISH, HCGP) - 2 - CRL. P No. 1001 of 2026 C/W CRL. P No. 833 of 2026 CRL. P No. 1114 of 2026 THIS CRL. P IS FILED U/S 483 BNSS PRAYING TO RELEASE PETITIONER ON BAIL IN CRIME NO. 295/2025 REGISTERED BY VIDYANAGAR POLICE STATION FOR ALLEGED OFFENCES PUNISHABLE UNDER 20(b)(II)(A), 8(c), 27 OF NDPS ACT PENDING ON THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE AND ETC. , IN CRL. P NO. 833/2026 BETWEEN: 1. MR. ANWAR BASHA S/O SAFIULLA SAB, AGED ABOUT 51 YEARS, RESIDING AT TURUCHAGATTA VILLAGE, BELAVANUR POST, DAVANAGERE – 577 002. (AS PER AADHAR) ... PETITIONER (BY SRI. VIVEK SUBBAREDDY, SENIOR COUNSEL A/W SRI. GOVARDHAN REDDY J S AND SMT. HEENA S A, ADVOCATES FOR SRI. CHAND PASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIDYANAGARA POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING – 560 001. ... RESPONDENT (BY SMT. ANITHA GIRISH, HCGP) THIS CRL. P IS FILED U/S 483 BNSS PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR. NO.

295/2025 REGISTERED BY VIDYANAGARA POLICE STATION FOR ALLEGED OFFENCES P/U/S 20(b)(II)(A), 8(c), 27 OF NDPS ACT PENDING ON THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE AND ETC. , - 3 - CRL. P No. 1001 of 2026 C/W CRL. P No. 833 of 2026 CRL. P No. 1114 of 2026 IN CRL. P NO. 1114/2026 BETWEEN: 1. AJAY A M S/O LATE M. R. ASHOK, AGED ABOUT 32 YEARS, MRF TYRE SHOP OWNER, NEAR KSRTC BUS STAND, RESIDING AT ST TH 1 MAIN, 4 CROSS, LABOUR COLONY, DAVANAGERE CITY, AT PREAENT RESIDING AT: ND TH 2 MAIN, 12 CROSS, NIJALINGAPPA LAYOUT DAVANAGERE DISRICT, PIN CODE : 577 004. ... PETITIONER (BY SRI. RAJU C N, ADVOCATE) AND: 1. STATE BY VIDYANAGARA POLICE DAVANAGERE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE NO: 560 001. ... RESPONDENT (BY SMT. N ANITHA GIRISH, HCGP) THIS CRL. P IS FILED U/S 483 BNSS PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME. NO.

295/2025 OF VIDYANAGARA POLICE DAVANAGERE, ON THE FIE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AT DAVANAGERE, FOR THE OFFENCE P/U 20(b) (ii)(A) 8(c), 25 AND 27 OF NDPS ACT AND ETC. , - 4 - CRL. P No. 1001 of 2026 C/W CRL. P No. 833 of 2026 CRL. P No. 1114 of 2026 IN CRL. P NO. 1316/2026 BETWEEN: 1. VEDAMURTHY S G AGED ABOUT 53 YEARS, S/O PARAMESHWARAPPA #NO. 131, NAGANUR ROAD TH 4 CROSS, SHAMANURU DAVANGERE, SOUTH EXTENSION, DAVANGERE BANGALORE - 577 004. ... PETITIONER (BY SRI. SANDESH J CHOUTA, SENIOR ADVOCATE FOR SRI. SAMPREETH V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY VIDYANAGARA POLICE STATION, DAVANAGERE REPRESENTED BY SPP HIGH COURT OF KARNATAKA HIGH COURT BUILDING, BANGALORE – 560 001. ... RESPONDENT (BY SMT. N ANITHA GIRISH, HCGP) THIS CRL. P FILED U/S 483 BNSS PRAYING TO ALLOW THE BAIL PETITION AND GRANT BAIL TO THE PETITIONER/ACCUSED NO. 4 BASED ON FIR CRIME. NO. 295/2025 VIDYANAGAR P. S. DATED 22. 12. 2025 PRODUCED AT ANNEXURE A AND ETC.

, THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 5 - CRL. P No. 1001 of 2026 C/W CRL. P No. 833 of 2026 CRL. P No. 1114 of 2026 ORAL ORDER 1. The petitioners herein are arrayed as accused Nos. 8, 11, 12 and 4 respectively in Crime No. 295/2025 filed by the respondent – Police for the offences punishable under Section 20(b)(ii)A, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act). Factual matrix of the case: 2. The case of the prosecution is that on 22. 12. 2025 at about 2. 00 p. m. , a suo-moto FIR came to be registered by the complainant stating that while he was on patrolling duty, he has received an information that four persons were selling ganja to the public in the J. H. Patel Park. After confirming the said information, the complainant had informed the superiors and obtained permission from them and registered FIR against four unknown persons.

A raid was conducted and apprehended accused Nos. 1 to 4 and cash has been seized. During the enquiry accused Nos. 1 to 3 disclosed about the illegal possession of the contraband. Based on the statements - 6 - CRL. P No. 1001 of 2026 C/W CRL. P No. 833 of 2026 CRL. P No. 1114 of 2026 of the arrested accused, rests of the accused Nos. 8 to 12 have been arrayed in the said case. 3. It is further contended that 89 grams of MDMA and 200 grams of opium drugs were seized which is more than commercial quantity. Therefore, a case came to be registered against all the accused persons for the offences stated supra. 4. The contention of the learned counsel for the respective accused is that all the accused are innocent of the alleged offences. Initially, the complaint was registered against only four (04) persons, the remaining accused, who are the petitioners herein were arrayed solely on the basis of the voluntary statement of accused No. 4. 5.

It is further stated that the mandatory procedure contemplated under Section 52-A of the NDPS Act was not followed. Therefore, the alleged seizure is doubtful. Therefore, the petitioners may be enlarged on bail by - 7 - CRL. P No. 1001 of 2026 C/W CRL. P No. 833 of 2026 CRL. P No. 1114 of 2026 imposing suitable conditions. Making such submissions, learned counsel for the petitioners prays to allow the petition. 6. Per Contra, the learned High Court Government Pleader for respondent vehemently submitted that, under the NDPS Act, the voluntary statement of an accused is admissible against co-accused. Based on the statement of accused No. 4, the other accused have been arrayed as accused. The chain link between the accused in respect of selling the ganja had taken place. The specific role of each accused has been explained. Accordingly, all the accused have been named in the remand application. 7. It is further stated that the seized contra-band is of commercial quantity.

The petitioners and others were selling the said contra-band in order to spoil the minds of youths. The act committed by the petitioners is a threat to the Nation. If, the petitioners are enlarged on bail, there may be chances of committing similar offences. Therefore, it is not appropriate to grant them bail. Making such submissions - 8 - CRL. P No. 1001 of 2026 C/W CRL. P No. 833 of 2026 CRL. P No. 1114 of 2026 learned High Court Government Pleader prays to reject the petition. 8. Heard the learned Senior Counsel, as well as the respective counsel for the parties, and perused the averments of the complaint along with the remand applications filed with the petitions. The records would indicate that initially, a complaint was registered against four persons for allegedly selling ganja to the public near the park. However, it appears that the present petitioners were arrayed as the remaining accused solely based on the voluntary statement of accused No. 4.

As rightly, pointed out by the learned Senior Counsel Sri. Sandesh Chouta, that immediately after conducting the seizure of the contra-band, the procedure prescribed under Section 52-A of NDPS Act has to be followed. In the present case no such inventory has been made to substantiate the alleged seizure. 9. Having considering the said aspect, it is appropriate to enlarge the petitioners on bail by imposing - 9 - CRL. P No. 1001 of 2026 C/W CRL. P No. 833 of 2026 CRL. P No. 1114 of 2026 suitable conditions that would take care of the apprehensions of the prosecution. 10. Hence, I proceed to pass the following: ORDER 1. This Criminal Petition is allowed. 2. The petitioners are ordered to be enlarged on bail in Crime No. 295/2025 filed by the respondent – Police for the offences punishable under Section 20(b)(ii)A, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, on executing personal bond for a sum of Rs.

1,00,000/-each with one (01) surety each for the like sum to the satisfaction of the Trial Court. 3. The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 10 - CRL. P No. 1001 of 2026 C/W CRL. P No. 833 of 2026 CRL. P No. 1114 of 2026 4. The petitioners shall appear before the Trial Court on all hearing dates, without fail. 5. The petitioners shall not involve in any criminal cases till disposal of the case. In case, if, the petitioners violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM

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