- 1 - NC: 2025:KHC-K:2308 CRL.P No. 200610 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200610 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI BHIMANNA S/O LAYAPPA KARVI @ KARVE, AGED ABOUT 54 YEARS, OCC: COOLIE, R/O. YATNAL, TQ.TIKOTA, DIST.VIJAYAPUR. …PETITIONER (BY SRI S.S.MAMADAPUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CEN CRIME POLICE STATION, VIJAYAPUR, REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL’S OFFICE, HIGH COURT BUILDING KALABURAGI-585103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED UNDER SECTION 483 OF BNSS,2023 PRAYING TO ENLARGE HIM ON BAIL IN VIJAYPUR CEN CRIME PS NO. 14/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 20(a), 20(b)(ii)(C) OF THE NDPS ACT, 1985 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIJAYAPUR ON SUCH TERMS AND CONDITIONS AS DEEMED FIT. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2308 CRL.P No. 200610 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) The petitioner who is accused No.3 has approached this Court seeking regular bail in Crime No.14/2025 registered by Vijayapura CEN Crime Police Station for the offences punishable under Sections 20(a), 20(b)(ii)(C) of NDPS Act, 1985. 2. Brief facts of the case are that, It is the case of the prosecution that on 22.02.2025 at about 11:00 a.m., the complainant received information to the effect that one Sri Mallu S/o Govind Karve has illegally cultivated ganja plants in the land bearing Sy.No.114/3 situated at Yatnal village in the midst of sugarcane crop. - 3 - NC: 2025:KHC-K:2308 CRL.P No. 200610 of 2025 It is further alleged that the respondent-Police along with the officials has conducted search and raid in the said land. At that time, the petitioner being accused No.3 is stated to have ran away from the spot. After apprehending accused Nos.1 and 2 and on enquiring them, they are stated to have disclosed the name of the petitioner herein that he is also responsible for cultivating the said ganja plants in the said land. Based on the said information, the petitioner has been arrayed as accused No.3. The investigation is still under progress. 3. Heard Sri.S.S.Mamadapur, learned counsel for the petitioner and Sri.Jamadar Shahabuddin, learned High Court Government Pleader the respondent-State. 4. It is the submission of the learned counsel for the petitioner that the petitioner has been falsely implicated in this case. He was not present at the spot as alleged in the complaint. There is nothing to show that he was also part of the team consisting of accused Nos.1 and - 4 - NC: 2025:KHC-K:2308 CRL.P No. 200610 of 2025 2 in growing ganja plants and also selling the same to the third party. 5. It is further submitted that the petitioner who is aged about 54 years is working as coolie and he is a permanent resident of Yatnal village. He is the only earning member in the family. The petitioner being aged about 54 years cannot run away from the spot after seeing the Police. If, at all, the petitioner is present, he could have been caught hold by the complainant and his team. The petitioner is also ready to abide by any conditions that may be imposed by this Court. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently submitted that the petitioner herein along with other accused have grown ganja plants in the midst of sugarcane crop which was uprooted by the complainant and his team and sized the ganja plants which was weighing 02 quintals i.e., 200 kgs., worth of - 5 - NC: 2025:KHC-K:2308 CRL.P No. 200610 of 2025 which is Rs.70 lakhs. Therefore, it comes under the commercial quantity. Such being the fact, granting bail to the petitioner may not be proper as it involves moral obligations in respect of the society at large. Making such submissions, he prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the records that accused Nos.1 and 2 are stated to have grown ganja plants in the midst of sugarcane crop. The complainant and his team conducted raid and seized the ganja plants which were weighing 200 kgs., worth of which is Rs.70 lakhs. 8. Be that as it may, accused No.2 who stands on the similar footing as that of the petitioner has been granted bail by the Trial Court by order dated 07.03.2025 passed in Criminal Miscellaneous No.302/2025. Taking into account the bail granted to accused No.2, petitioner is also entitled for the relief as prayed for. - 6 - NC: 2025:KHC-K:2308 CRL.P No. 200610 of 2025 9. Accordingly, I pass the following: ORDER The Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.14/2025 registered by Vijayapura CEN Crime Police Station, pending on the file of the Principal District and Sessions Judge, Vijayapur, for the offences punishable under Sections 20(a), 20(b)(ii)(C) of the NDPS Act, 1985, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: i. The petitioner shall not threaten or tamper the prosecution witnesses. ii. The petitioner shall appear before the Trial Court on all the hearing dates without fail. - 7 - NC: 2025:KHC-K:2308 CRL.P No. 200610 of 2025 iii. The petitioner shall not leave the jurisdiction of the Trial Court till disposal of the case. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 22 CT:PK