- 1 - NC: 2025:KHC:7968 CRL.P No. 1046 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1046 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. ABHISHEK @ ABHIRAM, S/O LATE RAMAKRISHNAIAH, AGED 22 YEARS, R/AT 1ST MAIN ROAD, 6TH CROSS, GOOD SHED COLONY, SHANTHINAGARA, TUMAKURU - 572 201. …PETITIONER (BY SRI. MADHU M, ADVOCATE) AND: STATE OF KARNATAKA BY JAYANAGARA PS, THILAK PARK CIRCLE, TUMAKURU, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.225/2024 REGISTERED BY THE RESPONDENT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7968 CRL.P No. 1046 of 2025 JAYANAGARA P.S., THILAK CIRCLE, TUMAKURU FOR THE OFFENCE P/US/ 20(B) OF NDPS ACT 1985, PENDING ON THE FILE OF THE HONBLE IV ADDL. CIVIL JUDGE (Jr.Dn.) AND 5th JMFC TUMAKURU (NOW BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUMAKURU). 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 Additional SPP and perused the material on record. 2. This petition under Section 483 of BNSS, 2023 is preferred to enlarge the petitioner / accused on bail in Crime No.225/2024 of Jayanagara Police Station, registered for the offence punishable under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS'). 3. Brief facts of the case are that, on 26.12.2024 at 09:00 a.m., the CHC-347 of Jayanagara Police Station received a credible information that behind Panasha Sports - 3 - NC: 2025:KHC:7968 CRL.P No. 1046 of 2025 building, Tuda Layout, Rothigar 80 feet road, Tumakur, a person on a Pulsar two wheeler bearing Reg.No.KA-02- HW-8719 has brought ganja from somewhere and he is trying to sell it. On receiving the information, he registered the case against unknown person, rider of two wheeler bearing registration No.KA-02-HW-8719 and went to the spot along with other staff and a Gazated officer. Accused/petitioner was apprehended and from his possession, 1kg 118 grams of granja was seized. 4. According to prosecution, in the pant pocket and in the bag which the accused was carrying, he had concealed ganja leaves in plastic covers. As per prosecution, ganja seized in this case contained leaves, seed, stick etc. 5. Learned Additional SPP has contended that the petitioner is involved in criminal cases and therefore, if he is released on bail, he may commit similar offences and also flee from justice. 6. Ganja was seized in the presence of a Gazated Officer. However, mahazar drawn does not indicate that - 4 - NC: 2025:KHC:7968 CRL.P No. 1046 of 2025 the petitioner was informed about his right to be searched in the presence of a Magistrate. Ganja seized in this case is intermediate quantity. Since, the Ganja contained mixture of leaves, seeds, stick etc., it is not forthcoming as to the exact quantity of ganja seized in this case. 7. Petitioner has been interrogated. He is not required for further interrogation. The ganja seized in this case is not a commercial quantity. Petitioner is aged about 22 years. He is said to be a student. This Court vide order dated 27.01.2025, permitted him to write his first semester examination, which commenced from 05.02.2025. As per the direction of this Court, after attending the examination, petitioner has surrendered before the Jurisdictional Court on 15.02.2025. He has been remanded to judicial custody. 8. Considering the above facts and circumstances, by imposing stringent conditions, petitioner can be released on bail. Accordingly, the following:- - 5 - NC: 2025:KHC:7968 CRL.P No. 1046 of 2025 ORDER i) Petition is allowed. ii) Petitioner / accused in Crime No.225/2024 of Jayanagar Police Station, shall be enlarged on bail subject to following conditions: a) Petitioner / accused shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall not commit similar offence. - 6 - NC: 2025:KHC:7968 CRL.P No. 1046 of 2025 f) He shall be available for the purpose of investigation, whenever required. g) He shall appear before the trial Court on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 32 CT: BHK