- 1 - NC: 2025:KHC-K:2041 CRL.P No. 200569 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200569 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: AMBAVVA @ AMBU W/O SHANKAREPPA ADAKI, AGE: 53 YEARS, OCC: HOUSEHOLD, R/O AWARALLI, BIDANOOR VILLAGE, TQ. AFZALPUR, DIST. KALABURAGI. …PETITIONER (BY SRI PRAKASH YELI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH EXCISE RANGE, ALAND, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, KALABURAGI-585103. …RESPONDENT (BY SRI GOPALKRISHNA B. YADAV, HCGP) THIS CRL.P. IS FILED U/S 482 OF BNSS, 2023 PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST BY THE EXCISE INSPECTOR, ALAND RANGE, IN CRIME NO.13/2024-25, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(B), 20(A), 20(I), 25 AND 60 OF NDPS ACT, 1985. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2041 CRL.P No. 200569 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused/petitioner seeking anticipatory bail in Crime No.13/2024-25, registered by the Excise Inspector, Aland Range, for the offences punishable under Sections 8(b), 20(a), 20(i), 25 and 60 of the NDPS Act, 1985. 2. Factual matrix of the case are as under: It is the case of the prosecution that on 31-10-2024 at about 08-30 a.m., when the complainant and his staff were on patrolling duty between Gobbur (B) village and Bandarwad village, an unknown person came on a motorcycle and pointed towards a sugarcane field stating that Ganja plants were grown in the said land and went away. The complainant reduced the said information into writing and informed the same to the Gazetted officer. - 3 - NC: 2025:KHC-K:2041 CRL.P No. 200569 of 2025 After obtaining the necessary permission from the higher officer and securing the presence of the panchas, conducted a raid in the sugarcane field. In the said raid, they found that Ganja plants were grown in the said land. The said Ganja plants were uprooted and weighed. The said plants were weighed 57.7 kgs. The said Ganja plants were seized and the sample was taken for chemical examination. Thereafter, a case came to be registered against an unknown person. During the investigation, they came to know that the petitioner is one of the accused and registered a case. 3. It is the submission of the learned counsel for the petitioner that the petitioner has not grown any Ganja plant in her agricultural land. She is an innocent of the alleged offences. There are no cases pending against the petitioner of similar nature. Merely because the Ganja plants were grown in the said land, that itself is not sufficient to make the owner of the land as an accused, - 4 - NC: 2025:KHC-K:2041 CRL.P No. 200569 of 2025 unless it shows that the owner of the land had deliberately grown the said Ganja plants. 4. The petitioner is the permanent resident of Awaralli, Bidanoor village, aged about 53 years and she is a household. She will abide the conditions that may be imposed by this Court in the event of her release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 5. Per contra, the learned High Court Government Pleader submitted that the petitioner, being the owner of the land, had to verify as to whether the plants are the weeds or Ganja. Whether she had knowledge or not has to be tested through trial. The total weight of the Ganja is 57 and odd kgs, which is a huge quantity. Therefore, it is not appropriate to grant her bail. Making such submissions, the High Court Government Pleader prays to reject the bail. - 5 - NC: 2025:KHC-K:2041 CRL.P No. 200569 of 2025 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that the petitioner happens to be the owner of the land. The complainant and his staff had been informed that some Ganja plants were grown in the sugarcane field. They conducted raid in the land and found Ganja plants in the said land. 7. Be that as it may, having considered that the petitioner was not a habitual offender and she is a woman and aged about 53 years, it is appropriate to grant bail without adverting to the merits of the case. 8. Hence, I proceed to pass the following: ORDER (i) The criminal petition is allowed. (ii) The respondent/Police is directed to release the petitioner in the event of her arrest in Crime No.13/2024-25, registered by the Excise Inspector, Aland Range, for the offences punishable under Sections 8(b), 20(a), 20(i), 25 - 6 - NC: 2025:KHC-K:2041 CRL.P No. 200569 of 2025 and 60 of the NDPS Act, subject to the following conditions: (a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. (b) The petitioner shall appear before the Investigating Officer within a period of one month from the date of receipt of a copy of this order or communication to the concerned police station, whichever is earlier. (c) The petitioner shall co-operate for investigation as and when required. (d) The petitioner shall not threaten or tamper the prosecution witnesses. - 7 - NC: 2025:KHC-K:2041 CRL.P No. 200569 of 2025 (e) The registry is directed to communicate this order to the concerned police station forthwith. Sd/- (S RACHAIAH) JUDGE TMP/RSP List No.: 1 Sl No.: 29 CT:PK