C N Kalyan vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by accused No.5 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.107/2025 of Davanagere CEN Crime PS registered for the offences punishable under Sections 8(c), 21(b), 22(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent - State.

The learned counsel for the petitioner would contend that, the petitioner is a BDS student studying in the Bapuji Dental College at Davanagere, and he has been falsely implicated in this case. He further submits that, the investigation is over, and charge sheet has been filed, and therefore, the petitioner is not required for custodial interrogation. Now the petitioner has completed his dental degree, and he has to undergo housemanship. The contraband has not been seized from the possession of the petitioner. The petitioner is stated to be a purchaser from the other accused. If he is continued in the prison, it will affect his educational career. With this, he prayed to allow the petition.

Per contra, the learned High Court Government Pleader for the respondent - State would contend that, the petitioner along with the other accused is involved in sale of MDMA. On the date of incident, the petitioner went to purchase of MDMA from other accused for sale. The charge sheet material shows prima facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, there are chances of threatening the prosecution witnesses and committing similar offences. With this, he prayed to reject the petition.

Having heard the learned counsel, the Court has perused charge sheet records and other materials placed on records.

On receiving credible information that, MDMA was being transported in a car bearing registration No.KA-21-MA-0602 on 24.07.2025 at about 10.50 p.m, the police found the said car parked, and found accused Nos.1 to 4 in the said car. The inmates of the car disclosed that, they were moving to hand over MDMA to accused No.5/Kalyan, who is a petitioner herein. The MDMA weighing 13 grams and 5.61 grams have been seized from the dash board of the car. The petitioner was not inmate of the said car.

The accusation against the petitioner is that, the said MDMA has been transported by accused Nos.1 to 4 for being supplied to accused No.5, who is petitioner herein. The said contraband i.e. MDMA has not been seized from the possession of the petitioner. The investigation is over, and the charge sheet has been filed.

Considering the said fact that, the petitioner is a BDS student having completed the course, and has to undergo housemanship. Therefore, he is entitled for grant of bail with stringent conditions.

In the result, the following:

ORDER

i) The petition is allowed.

ii) The petitioner is granted bail in Crime No.107/2025 of Davanagere CEN Crime Police Station subject to following conditions.

a) The petitioner shall execute a personal bond for the sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court.

b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate with speedy disposal of the case.

d) The petitioner shall not involve in commission of similar offences. If he is found having committed similar offence, the prosecution is at liberty to seek cancellation of his bail.