- 1 - NC: 2025:KHC:4122 CRL.P No. 624 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 624 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. PUTTASWAMY S/O LATE MARIYAPPA AGED ABOUT 70 YEARS RESIDING AT DEVARAKKAGGALAHALLI VILLAGE, HAROHALLI HOBLI AND TALUK RAMANAGARA DISTRICT-562112 …PETITIONER (BY SRI. DERICK ANIL A., ADVOCATE FOR SRI. ASHOKA T., ADVOCATE) AND: STATE OF KARNATAKA BY HAROHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-560001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL FOR THE NON- BAILABLE OFFENCES IN CRIME NO.320/2024 REGISTERED BY RESPONDENT POLICE BY HAROHALLI POLICE STATION PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA, FOR THE OFFENCES PUNISHABLE UNDER SECTION 8(B) AND 20(A) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT, 1985. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4122 CRL.P No. 624 of 2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for the petitioner, learned HCGP for the State and perused the material on record. 2. Petitioner is the sole accused in Cr.No.320/2024 of Harohalli Police Station registered for the offence punishable under Sections 8B and 20A of Narcotic Drugs and Psychotropic Substances Act, 1985. 3. This petition is preferred praying to enlarge the petitioner on bail. 4. It is the case of prosecution that on 04.12.2024, police inspector of Harohalli police station received a credible information that the accused has grown ganja plants illegally in his land bearing Sy.No.17/5 situated at Devarakaggalahalli Village, Harohalli Taluk, Ramanagara District. He along with his staff and panchas, went to the spot and conducted a raid and found that four ganja plants were illegally grown without any permission/licence in the said land. The said ganja plants weighing about 24 kg 150 gms were seized under a mahazar. - 3 - NC: 2025:KHC:4122 CRL.P No. 624 of 2025 5. The accused was taken into custody on 09.12.2024 and since then he is in judicial custody. 6. Learned HCGP has contended that the accused has grown commercial quantity of ganja illegally in his land and he has confessed to have committed the offence. He submitted that investigation is under progress and in view of the nature of offence committed by the accused, he is not entitled for bail. 7. Learned counsel for the petitioner contended that land in question was acquired by the KIADB in the year 2014- 2015 and physical possession of the land was also taken by KIADB. He contends that petitioner is not the owner of land and he is falsely implicated in the case. 8. Learned counsel has produced a copy of the records of right in support of his contention, showing that the land in question was acquired by KIADB. 9. Learned HCGP contended that the Tahsildar, Harohalli Taluk has given a report stating that even though the land was acquired by KIADB, possession is still with one - 4 - NC: 2025:KHC:4122 CRL.P No. 624 of 2025 Chennappa S/o. Chennigappa and the petitioner herein namely Puttaswamy bin Chennigappa. 10. The prosecution has to establish that it is the accused who has grown ganja plants illegally in land bearing Sy.No.17/5 measuring 18 guntas situated at Devarakaggalahalli Village, Harohalli Taluk, Ramanagara District. Admittedly, petitioner was not present when the raid was conducted and there is no material to show at this stage that he has grown ganja in that land. Further it is contended by the learned counsel for petitioner that the land was acquired by KIADB in the year 2014-2015. 11. Petitioner is stated to be aged about 70 years. There is no criminal antecedents against him. He is a permanent resident of Devarakaggalahalli Village, Ramanagar. He has undertaken to cooperate with the investigation and to furnish sufficient surety to ensure his regular presence. Hence, by imposing conditions, the relief sought by the petitioner can be granted. Accordingly, the following:- ORDER Petition is allowed. - 5 - NC: 2025:KHC:4122 CRL.P No. 624 of 2025 Petitioner/accused in Crime No.320/2024 of Harohalli Police Station, 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. 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 every date of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HJ List No.: 1 Sl No.: 38