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Karnataka High Court
Shri. Irvin Devid Isrel Chippadi vs The State Of Karnataka on 17 February, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:2384
CRL.P No. 105180 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 105180 OF 2025
(439(CR.PC)/483(BNSS))
BETWEEN:
SHRI. IRVIN DEVID ISREL CHIPPADI
AGE 22 YEARS, OCC. STUDENT OF SDM
MEDICAL COLLEGE DHARWAD,
R/O. C/O. SABANESS, 12TH CROSS,
RAJAIN HUBBALLI, DIST. DHARWAD 580028.
...PETITIONER
(BY SRI. R.H. ANGADI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
(HUBBALLI DHARWAD CITY CEN CRIME POLICE STATION)
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
CHANDRASHEKAR DHARWAD BENCH DHARWAD 580011.
LAXMAN
KATTIMANI ...RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
Digitally signed by
CHANDRASHEKAR
LAXMAN THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S.
KATTIMANI
Date: 2026.02.17
483 OF BNSS, 2023) SEEKING TO ENLARGE THE PRESENT
14:45:42 +0530 PETITIONER, WHO IS ARRAYED AS ACCUSED NO.2 ON REGULAR BAIL
IN CONNECTION WITH HUBBALLI DHARWAD CITY CEN P.S. CRIME NO.
102/2025, FOR THE ALLEGED OFFENCES P/U/SEC. 16, 20(B)(II)(B) OF
NDPS ACT 1985 PENDING BEFORE THE PRL. DISTRICT AND SESSIONS
COURT DHARWAD IN SPL. NDPS C.C. NO.22/2025, BY ALLOWING
THIS PETITION, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:2384
CRL.P No. 105180 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri. R. H. Angadi, learned counsel for the
petitioner and Sri. P. N. Hatti, learned High Court
Government Pleader for respondent - State.
2. Accused No.2 in Special NDPS C.C. No.22/2025
is the petitioner charged with the offences punishable under
Sections 16, 20(b)(ii)(B) of the Narcotic Drugs and
Psychotropic Substances Act, 19851.
3. As per the charge sheet material, the
Investigation Agency was able to recover 5.14 grams of
cocaine and 2.034 kilo of ganja from the custody of accused
persons.
4. The learned Special Judge after receipt of the
charge sheet, took cognizance of the aforesaid offences and
proceeded with the matter.
For short, 'NDPS'
NC: 2026:KHC-D:2384
HC-KAR
5. In the meantime, the bail request of the
petitioner was turned down by the learned Special Judge.
Thereafter, the petitioner is before this Court.
6. Learned counsel for the petitioner reiterating the
grounds urged in the bail petition would contend that there
is no seizure of the cocaine from the custody of the present
petitioner.
6.1. He would further contend that the petitioner is
prepared to abide by any of the conditions that would be
imposed by this Court and did not possess any criminal
antecedent and therefore, sought for grant of bail.
6.2. He would also contend that the accused No.1 has
been granted bail, as such the present petitioner is also
entitled for bail.
7. Learned High Court Government Pleader for the
respondent- State opposes the grant of bail by contending
that though the petitioner is a student of SDM Nursing
College, as per his voluntary statement, he is a drug
peddler.
NC: 2026:KHC-D:2384
HC-KAR
7.1. He would further contend that in the guise of a
student, he was more interested in supplying the drugs to
the needy. Mobile telephone of the present petitioner has
been seized from his house.
7.2. He would further contend that the petitioner has
taken a rented house and necessary materials have been
seized from the said rented house.
7.3. He would also contend that the grant of bail to
the co-accused is not available to the present petitioner in
view of seizure of the contraband materials and the mobile
telephone from the house of the present petitioner and
sought for dismissal of the petition.
8. Having heard the arguments of both sides, this
Court perused the material on record meticulously.
9. On such perusal of the material on record, it is
noted that the seized NDPS materials namely cocaine and
ganja are intermediary in quantity.
10. Therefore, the embargo under Section 37 of the
NDPS Act is not applicable to the case on hand.
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HC-KAR
11. Further, since the co-accused has been granted
bail, who is the one who has supplied the contraband
material to the present petitioner, as per the case of the
prosecution alone, on the ground of parity, petition needs to
be allowed.
12. Accordingly, the following:
ORDER
(i) The petition is allowed.
(ii) Petitioner is directed to be enlarged on bail
on executing a bond in a sum of
Rs.1,00,000 with two sureties for the like
sum to the satisfaction of the Trial Court.
(iii) Petitioner shall attend the Court regularly.
(iv) Petitioner shall not tamper the
prosecution witnesses in any manner.
(v) Petitioner shall mark his attendance before
the Investigation Officer on every third
Sunday of the month between 10 a.m. to
02.00 p.m., till conclusion of the trial.
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HC-KAR
(vi) Petitioner shall not leave the jurisdiction
of Dharwad without prior permission.
Violation of any one of these conditions would
entitle the prosecution to seek for cancellation of the
bail.
Sd/-
(V.SRISHANANDA)
JUDGE
SMM / CT-CMU
LIST NO.: 1 SL NO.: 8
