Court grants bail for minor drug offense based on personal liberty and prior bail history of co-accused.

ORAL ORDER

Accused No.2 in Crime No.113/2025 registered by KTJ Nagar Police Station, Davanagere District for the offences punishable under Sections 8(c), 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985 is before this Court seeking regular bail.

2. Heard the learned counsel appearing for the parties.

3. FIR in Crime No.113/2025 was registered by KTJ Nagar Police Station, Davanagere District against one Syed Shujauddin and the petitioner herein for the aforesaid offences, on the basis of first information dated 25.05.2025 received from Sri Sunil Kumar, Police officer, attached to KTJ Nagar Police Station. During the course of investigation, the petitioner was arrested on29.05.2025 and subsequently remanded to judicial custody.

4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crime No.113/2025 was dismissed on 18.06.2025. Therefore, he is before this Court.

5. Perusal of the material on record would go to show that, based on the credible information received on 25.05.2025 a raid was conducted to the alleged spot where a person was selling contraband article ganja to the public. From the said report, accused No.1 was apprehended and from his possession contraband article allegedly ganja totally weighing 1 kg 190 grams was recovered and seized under panchanama. It appears that based on the confession statement of accused No.1, the petitioner was arrested on 29.05.2025 and from his possession 0.430 grams of ganja was recovered and seized under panchanama.

6. Undisputedly, the seized contraband article from the possession of the petitioner on 29.05.2025 is of small quantity. The maximum punishment for the alleged offences is imprisonment for a period of one year. The petitioner is in custody in the present case from

29.05.2025. In the earlier case registered against him, he is said to have been enlarged on bail. Accused No.1 has been already granted regular bail in the present case. 7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

8. Accordingly, the following:

ORDER

The petitioner is directed to be enlarged on bail in Crime No.113/2025 registered by KTJ Nagar Police Station, Davanagere District for the offences punishable under Sections 8(c), 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions: