- 1 - NC: 2025:KHC:2681 CRL.P No. 330 of 2025 C/W CRL.P No. 385 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 330 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 385 OF 2025 IN CRL.P NO. 330/2025 BETWEEN: MADAIAH K S/O LATE KULLANKEGOWDA, AGED ABOUT 65 YEARS, R/AT HOSAHONGANADODDI VILLAGE, CHIKKAMUDAVADI DAKLE, KANAKAPURA TALUK, RAMANAGARA DISTRICT. …PETITIONER (BY SRI. A N RADHA KRISHNA.,ADVOCATE) AND: THE STATE OF KARNATAKA BY BIDADI POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH CORUT BUILDINGS, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2681 CRL.P No. 330 of 2025 C/W CRL.P No. 385 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.397/2024 OF BIDADI POLICE FOR OFFENCES PUNISHABLE UNDER SECTION 20(b) OF NDPS ACT, NOW PENDING ON THE FILE OF LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA. IN CRL.P NO. 385/2025 BETWEEN: SMT. KAMALAMMA W/O MADAIAH, AGED ABOUT 49 YEARS, R/AT HOSAHONGANADODDI VILLAGE, CHIKKAMUDAVADI DAKLE, KANAKAPURA TALUK, RAMANAGARA DISTRICT. …PETITIONER (BY SRI. A.N.RADHA KRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA BY BIDADI POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CR.NO.397/2024 OF BIDADI POLICE FOR OFFENCES PUNISHABLE UNDER SECTION 20(B) OF NDPS ACT, NOW PENDING ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA. - 3 - NC: 2025:KHC:2681 CRL.P No. 330 of 2025 C/W CRL.P No. 385 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ COMMON ORAL ORDER Criminal Petition No.330/2025 is preferred under Section 483 of BNSS , seeking regular bail and Criminal Petition No.385/2025 is preferred under Section 482 of BNSS, seeking anticipatory bail. 2. Crime No.397/2024 of Bidadi Police Station, Ramanagara was registered on a complaint lodged by the PSI, Bidadi Police Station against accused by name Raju K. and Madaiah for an offence punishable under Section 20(b) of the NDPS Act, 1985. 3. It is alleged that on 25.11.2024 at about 8.30 a.m., complainant received a credible information about a person selling ganja to the public near Sarojamma Chikktimmaiah Kalyana mantappa, Ningegowdandoddi Village, Ramanagar, as such he went to the spot along - 4 - NC: 2025:KHC:2681 CRL.P No. 330 of 2025 C/W CRL.P No. 385 of 2025 with his staff and panchas, after taking necessary permission from the superior officers. Accused by name Raju (accused No.1) was apprehended and from his possession a plastic cover containing 475 grams of ganja was seized, apart from cash of Rs.500/- and a scooter without a number plate, allegedly stolen by him. From the scooter dicky 1 kg 560 grams of ganja valued at Rs.1,00,000/- was seized. It is the further case of prosecution that accused Raju confessed that he purchased ganja from one Madaiah (accused No.2) resident of Chikkamudavadi Village, Kanakapura Taluk and he has been selling ganja to the public in small packets. 4. Raid was conducted in the house of Madaiah on 25.11.2024 and ganja leaves weighing about 3 kgs 60 grams concealed in the kitchen in a cement coloured bag was seized. 5. Petitioner in Criminal Petition No.330/2025 is arraigned as accused No.2 in the FIR. Petitioner in Criminal Petition No.385/2025 is the wife of accused No.2. - 5 - NC: 2025:KHC:2681 CRL.P No. 330 of 2025 C/W CRL.P No. 385 of 2025 She is not named as an accused in the FIR, however, in the remand application she is arraigned as accused No.3. 6. Learned High Court Government Pleader has contended that ganja weighing 3 kgs 60 grams was seized from the house of petitioners in the presence of panch witnesses and the petitioners have not disputed that they are not residing in the said house and therefore, there is a prima facie case against them. He contended that the petitioners are involved in supplying ganja to accused No.1 who was selling the same to the public and therefore, the petitioners are not entitled for the relief they have sought in the petition. He has contended that there is one more case registered against accused No.2 in Crime No.112/2023 of Ijoor Police Station, Ramanagara for a similar offence. 7. The ganja leaves weighing about 3 kgs 60 grams is alleged to have been seized from the house of petitioners situated in Hosanaganadoddi Village. Ganja has - 6 - NC: 2025:KHC:2681 CRL.P No. 330 of 2025 C/W CRL.P No. 385 of 2025 defined under Section 2(iii)(b) is the flowering of fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops). According to the prosecution, 3 kgs 60 grams of dry ganja leaves was seized. It is not made clear as to the exact quantity of ganja, as defined under Section 2(iii)(b) of the NDPS Act, seized from the house of the petitioners. Hence, it cannot be said that the ganja seized in this case is more than the small quantity. Even otherwise the ganja alleged to have been seized is not a commercial quantity. Though it is contended by the learned High Court Government Pleader that the petitioners were supplying ganja to accused No.1, except the voluntary statement there is no material to substantiate the said allegation. 8. In so far as the petitioner in Criminal Petition No.385/2025 is concerned, she is the wife of accused No.2. When ganja was seized, she was not present in the house. She has been arraigned as accused No.3 in the - 7 - NC: 2025:KHC:2681 CRL.P No. 330 of 2025 C/W CRL.P No. 385 of 2025 remand application on the basis of confessional statement of accused No.2. 9. The petitioners have undertaken to furnish sufficient surety. The apprehension of the prosecution can be safeguarded by imposing stringent conditions. In the facts and circumstances and for the reasons stated, the following: ORDER Both the petitions are allowed. Petitioner/accused No.2 in Crime No.397/2024 of Bidadi Police Station, Ramanagara shall be released, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 8 - NC: 2025:KHC:2681 CRL.P No. 330 of 2025 C/W CRL.P No. 385 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Petitioner/accused No.3 in Crime No.397/2024 of Bidadi Police Station, Ramanagara shall be released in the event of her arrest, subject to following conditions: a) She shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) - 9 - NC: 2025:KHC:2681 CRL.P No. 330 of 2025 C/W CRL.P No. 385 of 2025 with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) She shall furnish proof of her residential address and shall inform the I.O in case of any change in the address. c) She shall cooperate with the investigation. d) She shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) She shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 50 Ct: ra