Karnataka High Court
CRL.P/2515/2026 of RAJATH KUMAR DIGAL Vs STATE OF KARNATAKA on 8 April 2026
NC: 2026:KHC:18571 CRL.P No. 2515 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2515 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: RAJATH KUMAR DIGAL S/O MANDAN MOHAN DIGAL AGED ABOUT 25
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 2515 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
RAJATH KUMAR DIGAL
S/O MANDAN MOHAN DIGAL
AGED ABOUT 25 YEARS
R/AT KUDUPAAKIYA VILLAGE
SIRATTI GUDA (POST)
KANDAMAL DISTRICT
TENWAG POLICE STATION
ORISSA STATE - 762 001.
…PETITIONER
(BY SRI. DEVARAJA P.,ADVOCATE)
AND:
STATE OF KARNATAKA
BY MICO LAYOUT POLICE
REPRESENTED BY
HIGH COURT PLEADER
HIGH COURT OF KARNATAKA
BANGALORE – 560 001
…RESPONDENT
(BY SMT. ANITHA GIRISH N., HCGP)
Digitally
signed by
PAVITHRA
N
Location:
High Court
of
Karnataka
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THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C
BY THE ADVOCATE FOR THE PETITIONER PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME NO.136/2025 OF
MICO LAYOUT POLICE FOR THE OFFENCE P/U/S 20(b)(ii)(c)
AND SEC.8(c) OF NDPS ACT PENDING ON THE FILE OF THE
XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL
JUDGE (NDSP) BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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ORAL ORDER
The petitioner/accused No.1 is before this Court seeking for grant of regular bail in Crime No.136/2025 of respondent- police for the offence under Sections 20(b)(ii)(c) and 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985.
Brief facts of the case:
2. The case of the prosecution is that the complainant lodged a complaint stating that on 07.05.2025 at about 01.00 p.m., he was on patrolling duty. During the said period, he has received an information through the informant that in a vacant space near the canal of Devarachikkanahalli Main Road, two
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persons were involving in selling ganja on a motorcycle. On the said information, he went to the spot along with the staff and the panch witnesses and conducted a raid and seized the contraband which is weighing 22 kgs and 40 grams. Thereafter, they conducted investigation and submitted the charge sheet.
3. Heard Sri.Devaraja P., learned counsel for the petitioner and Smt.Anitha Girish N., learned High Court Government Pleader for the respondent-State.
4. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offence. There are no criminal antecedents against the petitioner. He has been falsely implicated in this case. It is further submitted that there is a delay in conducting the inventory and also delay in sending the contraband to the FSL.
5. It is further submitted that the petitioner is a earning member of the family and he is working in Bangalore. He will abide by the conditions to be imposed by this Court in the event of his release on bail. Making such submission, he prays to allow the petition.
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6. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that the contraband/ganja has been seized from the accused while he was selling the ganja along with another to the customers. The seized contraband is a commercial quantity. Therefore, it is not appropriate to grant him bail. If the petitioner is enlarged on bail there may be chances of committing similar offences. Making such submission, she prays to reject the petition.
7. Heard learned counsel for the respective parties and perused the averments of the charge sheet, which appears that the petitioner and another were selling ganja near Devarachikkanahalli Main Road. They have been apprehended and the contraband has been seized by the complainant and his team. As per the averments of the charge sheet, 22 kgs and 40 grams of ganja has been seized. However, there are no criminal antecedents against the petitioner and there is a delay in conducting inventory. Therefore, it is appropriate to grant him bail by imposing suitable conditions.
8. Hence, I proceed to pass the following:
ORDER
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(i) The petition is allowed.
(ii) The petitioner is ordered to be enlarged on bail in Crime No.136/2025 of respondent-police for the offence under Sections 20(b)(ii)(c) and 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, on executing personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs) with two local sureties for the likesum to the satisfaction of the Trial Court.
(iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.
(iv) The petitioner shall mark his attendance once in days before the jurisdictional Police on Saturday between 10.00 a.m. to 02.00 p.m.
(iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.
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(v) The petitioner shall not indulge in any criminal activities till disposal of the case.
In case, the petitioner 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
NR/- List No.: 1 Sl No.: 26