[Cites 6, Cited by 0]
Karnataka High Court
Sri. Lokesh D K vs State Of Karnataka on 16 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:9422
CRL.P No. 17294 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 17294 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. SRI LOKESH D K
S/O KRISHNAPPA
AGED ABOUT 20 YEARS
R/AT BISLAHALLI VILLAGE
MANCHENAHALLI HOBLI
GOWRIBIDANUR
CHICKBALLAPURA DISTRICT - 561 211.
2. SRI NARYANAPPA
S/O LATE ADEPPA
AGED ABOUT 60 YEARS
R/AT VAADARAPALYA VILLAGE
KASABA HOBLI, BAGEPALLI TALUK
CHICKBALLAPURA DISTRICT - 561 207.
...PETITIONERS
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI (BY SRI VINAYA KUMAR N D, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. STATE OF KARNATAKA
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
THROUGH BAGEPALLI POLICE.
...RESPONDENT
(BY SRI HARISH GANAPATHY, HCGP)
-2-
NC: 2026:KHC:9422
CRL.P No. 17294 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
UNDER SECTION 483 BNNS) PRAYING TO ENLARGED THE
PETITIONER (ACCUSED No.1 AND 3) ON BAIL IN CONNECTION
TO OFFENCE PUNISHABLE UNDER SECTIONS 20(b)(ii)(B) AND
8(c) OF NDPS ACT IN CRIME No.382/2025 ON THE FILE OF THE
BAGEPALLI POLICE STATION.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused Nos. 1 and 3 under
Section 483 of BNSS praying to grant bail in Crime
No.382/2025 of Bagepalli Police Station, registered for
offences punishable under Section 20(b)(B) and 8(c) of
NDPS Act.
2. Heard the learned counsel for petitioners and
learned HCGP for respondent/State.
3. Learned counsel for petitioners would contend that
the ganja seized is 3.995 kg and in the mahazar it is
mentioned that it is little wet ganja. The investigation is
over and charge sheet has been filed and therefore, the
petitioners are not required for further custodial
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interrogation. Petitioner No.1 is stated to be involved in
one case involving 1.800 kg of ganja and petitioner
No.2/accused No.3 is stated to be involved in two cases
for similar offence and they have been granted bail in the
said cases. Petitioner No.1 is aged 20 years and petitioner
No.2 is aged 60 years and he is suffering from age related
ailments. With this, he prayed to allow the petition.
4. Per contra, learned HCGP would contend that the
ganja seized from the possession of the petitioners is an
intermediate quantity and punishment provided for the
same is imprisonment which may extend up to 10 years.
The petitioners are having criminal antecedents involved in
similar offences. If the petitioners are granted bail, there
are chances of them again committing similar offence.
With this, he prayed to reject the petition.
5. Having heard the learned counsel, the Court has
perused the charge sheet and other materials placed on
record.
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6. The case of the prosecution as per charge sheet is
that on 21.11.2025 at 02.30 p.m. when the PSI and other
staff were on patrolling duty, at that time they found
3.995 kg of ganja and it has been seized under mahazar.
The FSL report indicates that the said contraband seized is
positive for ganja. The quantity of ganja seized is
intermediate quantity. The punishment provided for the
same is imprisonment which may extend up to 10 years.
Petitioner No.1/accused No.1 is having criminal antecedent
involved in Crime No.63/2025 of Chikkaballapura CEN
Police Station registered for offence under Section 20(B) of
NDPS Act. Petitioner No.2/accused No.3 is also having
criminal antecedents and he is involved in Crime
No.21/2020 of Bagepalli Police Station, registered for
offence under Section 20 of NDPS Act and Crime
No.216/2020 of Bagepalli Police Station, registered for
offence under Section 20(B) of NDPS Act. Petitioners were
on bail have committed the present offence. The present
offence is similar to the offences registered against the
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petitioners earlier. Petitioners are having criminal
antecedents and if they are granted bail there are chances
of they committing similar offence. The Hon'ble Apex
Court in the case of Ankush Vipan Kapoor v. National
Investigation Agency, (2025) 5 SCC 155 has observed as
under:
"86. The ills of drug abuse seem to be
shadowing the length and breadth of our country
with the Central and every State Government
fighting against the menace of substance abuse.
The debilitating impact of drug trade and drug
abuse is an immediate and serious concern for
India. As the globe grapples with the menace of
the escalating Substance Use Disorders ("SUD")
and ever accessible drug market, consequences
leave a generational imprint on public health and
even national security. Article 47 of the
Constitution makes it a duty of the State to
regard the raising of the level of nutrition and
the standard of living of its people and the
improvement of public health as among its
primary duties and in particular the State shall
endeavour to bring about prohibition of the
consumption except for medicinal purposes of
intoxicating drinks and of drugs which are
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injurious to health. The State has a responsibility
to address the root causes of this predicament
and develop effective intervention strategies to
ensure that India's younger population, which is
particularly vulnerable to substance abuse, is
protected and saved from such menace. This is
particularly because substance abuse is linked to
social problems and can contribute to child
maltreatment, spousal violence, and even
property crime in a family."
Considering the above aspects, the petitioners have
not made out any grounds for grant of bail. In the result,
the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 28
Ct.sm
