VIJAYKUMAR ALIAS VIJI, vs STATE BY PANDAVAPURA POLICE, STATION,
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57547
CRL.P No. 14015 of 2026
CNR: KAHC010630912026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.14015 OF 2026
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1 VIJAYKUMAR @ VIJI,
S/O LATE PURUSHOTHAMA,
AGED ABOUT 42 YEARS,
R/AT PENSION LINE,
PANDAVAPURA TOWN AND TALUK,
MANDYA, PIN CODE - 577 004.
…PETITIONER
(BY SRI. RAJU C.N., ADVOCATE)
AND:
1
STATE BY PANDAVAPURA POLICE
STATION, MANDYA,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
AT BANGALORE PIN CODE NO - 560 001.
…RESPONDENT
Digitally
signed by
NANDINI D
Location:
HIGH
COURT OF
KARNATAKA
(BY SRI. RAHUL RAI K., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.172/2026 OF PANDAVAPURA POLICE MANDYA, ON THE
FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, AT
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HC-KAR
NC: 2026:KHC:57547
CRL.P No. 14015 of 2026
CNR: KAHC010630912026
MANDYA, FOR THE OFFENCES P/U/S 20(b)(ii)C, 27(a) OF NDPS
ACT BY ALLOWING THIS PETITION AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.6 in Crime No.172 of 2026 registered by
Pandavapura Police Station, Mandya, for the offences
punishable under Sections 20(b)(ii)C and 27(a) of NDPS
Act is before this Court in this petition filed under Section
483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.172 of 2026 was registered by
Pandavapura Police Station, Mandya for the aforesaid
offences against Shreyas Gowda and others, based on the
first information dated 08.05.2026 received from Sharath
Kumar H.P., Police Officer attached to Pandavapura Police
Station. During the course of investigation of the said
case, the petitioner was arrested on 26.06.2026 and
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HC-KAR
NC: 2026:KHC:57547
CRL.P No. 14015 of 2026
CNR: KAHC010630912026
remanded to judicial custody. His bail application filed
before the Trial court in Crime No.172/2026 was rejected
on 25.07.2026. Therefore, the petitioner is before this
Court.
4. Learned counsel for the petitioner, reiterating the
grounds urged in the petition, submits that the contraband
article in the present case was seized only from the
possession of accused Nos.1 to 3. He further submits
that, except the confession statement of the co-accused,
there is no material to connect the petitioner to the crime
in question. He also submits that the petitioner has been
falsely implicated in the present case for the reason that
he has criminal antecedents. Accordingly, he prays to
allow the petition.
5. Per contra, Learned HCGP for the respondent opposing
the petition, submits that two other criminal cases were
registered earlier as against the petitioner for similar
offences. He further submits that the investigation of the
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NC: 2026:KHC:57547
CRL.P No. 14015 of 2026
CNR: KAHC010630912026
case is under progress and accused nos.1 to 3 have stated
about the role played by the petitioner in the present case.
Accordingly, he prays to dismiss the petition.
6. A reading of the FIR dated 08.05.2026 submitted by
the Police Officer attached to Pandavapura Police Station
would reveal that, on the said date, at about 10:30 a.m.
when the first informant was present in the police station,
he had received credible information that some persons
who had arrived in a Car bearing registration No.KA-41/N-
6258 were in possession of contraband article allegedly
ganja and they were trying to sell the same to public.
Based on such credible information, a raid was conducted
to the place where the aforesaid car was parked by the
accused persons and accused nos.1 to 3 were
apprehended and accused no.4-Manjunatha allegedly
managed to escape from the spot.
7. From the possession of accused nos.1 to 3,
contraband article allegedly ganja totally weighing 20 Kgs.
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NC: 2026:KHC:57547
CRL.P No. 14015 of 2026
CNR: KAHC010630912026
640 grams was recovered and seized under a
panchanama. It appears that, during the course of
interrogation, accused nos. 1 to 3 had confessed that the
said contraband article was delivered to them by persons
who came in Tatanagar Express Train on instructions
received from accused no.5-Arun Kumar and accused
no.6-Viji alias Vijay Kumar. It is under these
circumstances, the petitioner is arrayed as accused no.6 in
the FIR and during the course of investigation, he was
arrested on 27.06.2026.
8. It is not in dispute that, as on this date, except the
confession statement of the co-accused, there is no other
material collected by the prosecution to connect the
petitioner with the present crime. A copy of the FIRs
produced by the learned counsel for the petitioner in the
earlier two criminal cases registered against the petitioner
in Crime No.20 of 2025 registered by Pandavapura Police
Station, Mandya and Crime No.162 of 2024 registered by
CEN Crime Police Station, Mysuru for the similar offences
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CRL.P No. 14015 of 2026
CNR: KAHC010630912026
would go to show that even in the said cases, the name of
the petitioner was not found in the FIR. Learned counsel
for the petitioner has submitted that in the aforesaid
criminal cases the petitioner has been granted regular bail.
Be that as it may, the fact remains that in the present
case, there is no seizure of contraband article from the
petitioner and except the confession statement of the
co-accused, no material is collected by the Investigation
Officer till date so as to connect the petitioner to the
present crime. Under these circumstances, rigour under
Section 37(1)(b) of the NDPS Act cannot be made
applicable as against the petitioner. Therefore, I am of
the opinion that prayer by the petitioner for grant of
regular bail needs to be answered affirmatively, subject to
appropriate conditions. Accordingly, the following:
ORDER
allowed
i) The Criminal Petition is .
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CRL.P No. 14015 of 2026
CNR: KAHC010630912026
ii) The petitioner is directed to be enlarged on bail in
Crime No.172 of 2026 registered by Pandavapura Police
Station, Mandya, for the offences punishable under
Sections 20(b)(ii)C and 27(a) of the NDPS Act, subject to
the following conditions:
a) Petitioner shall execute a personal bond for a
sum of Rs.1,00,000/- (Rupees One Lakh
only) with two sureties for the likesum, to
the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all
the dates of hearing before the Trial Court
unless the Trial Court exempts his
appearance for valid reasons;
c) The petitioner shall not directly or indirectly
threaten or tamper with the prosecution
witnesses; and
d) The petitioner shall not involve in similar
offences in future;
e) The petitioner shall not leave the jurisdiction
of the Trial Court without permission of the
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CRL.P No. 14015 of 2026
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said Court until the case registered against
him is disposed off;
f) The petitioner is directed to appear before
the Station House Officer, Pandavapura
Police Station, Mandya, on first and third
Sunday of every month between 10.00 a.m.
and 01.00 p.m. and mark his attendance
regularly for a period of one year from the
date of his release from judicial custody.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
hkh.
List No.: 1 Sl No.: 59