- 1 - NC: 2025:KHC:3496 CRL.P No. 284 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 284 OF 2025 BETWEEN: RAMESHA D V S/O DODDABAJJA SHETTY AGED ABOUT 56 YEARS, R/AT DEVARAMALLANAYAKANAHLLI VILLAGE, AND POST, NAGAMANGALA TALUK MANDYA DISTRICT - 571445 …PETITIONER (BY SRI. HONNESHA B. R..,ADVOCATE) AND: STATE OF KARNATAKA BY NAGAMANGALA EXCISE RANGE POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU - 560001. …RESPONDENT (BY SRI.HARISHA GANAPATHY., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASED HIM ON BAIL WHO IS ACCUSED IN CRIME NO.34/2024- Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3496 CRL.P No. 284 of 2025 25/2509SIE1/250909 ON THE FILE OF THE RESPONDENT NAGAMANGALA EXCISE RANGE POLICE STATION, NOW PENDING ON CIVIL JUDGE AND JMFC NAGAMANAGALA FOR THE OFFENCE P/US/ 20(i),20(b),20(b)(ii)(B),60,8(c) OF NDPS ACT; THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MANDYA HAS REJECTED THE BAIL PETITION ON 30.12.2024 IN CRL.MISC.NO.825/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the materials on record. 2. First Information Report No.34/2024- 25/2509SIE1/250909 is registered against the petitioner on 30.11.2024 by the Excise Department, Nagamangala Range, under sections 20(i), 20(b), 20(b)(ii)(B), 60 and 8(c) of the Narcotic Drugs and - 3 - NC: 2025:KHC:3496 CRL.P No. 284 of 2025 Psychotropic Substances Act, 1985 (for short, 'NDPS Act'). 3. This petition under section 483 of BNSS, 2023 is preferred praying to enlarge the petitioner on bail. 4. The prosecution has alleged that on 29.11.2024 at about 7.30pm, the Excise officials while on patrolling duty near Nagamangala- Mylarapatna road, received credible information that a person is carrying ganja from Devalapura village towards Shilpapura gate. After taking necessary permission from the higher officers, the Excise officials went to the spot and apprehended the petitioner/accused who was standing near the bus stand of Shilpapura gate. From his possession, 874 grams of ganja which was in a black colour bag was seized under a mahazar. - 4 - NC: 2025:KHC:3496 CRL.P No. 284 of 2025 5. According to the prosecution, a total quantity of 874 grams of ganja was seized from the possession of the accused under a mahazar. It is stated that the Administrative Officer of the Grama Panchayat and the Revenue Inspector were requested to act as panchas while conducting the raid, but they refused. The ganja leaves containing flowers and seeds weighed together 874 grams. It is not forthcoming as to the exact quantity of ganja, as defined under section 2(iii)(b) of the NDPS Act. Even otherwise, the ganja seized in this case is a small quantity wherein the punishment prescribed is imprisonment which may extend to one year or fine which may extend to ten thousand rupees, or with both. 6. There are no criminal antecedents against the petitioner which has been brought to the notice of the court. The petitioner has undertaken to furnish sufficient surety to ensure his - 5 - NC: 2025:KHC:3496 CRL.P No. 284 of 2025 presence before the trial court. He is in custody from 30.11.2024. He is not required for further interrogation. The apprehension of the prosecution can be taken care of by imposing stringent conditions. 7. Accordingly, the following ORDER (i) Petition is allowed. (ii) Petitioner/accused in FIR No.34/2024- 25/2509SIE1/250909 registered by the Excise Department, Nagamangala Range, pending on the file of the Civil Judge and JMFC, Nagamangala, shall be enlarged on bail, 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. - 6 - NC: 2025:KHC:3496 CRL.P No. 284 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 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. Sd/- (MOHAMMAD NAWAZ) JUDGE nv