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2025 DAILYLAW 14938 (KAR)

SRI PRUTHVI M GOWDA v. STATE OF KARNATAKA

CRL.P/1278/2025 · 2025-02-18

Mohammad Nawaz

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7263 CRL.P No. 1278 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1278 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI PRUTHVI M GOWDA AGED ABOUT 29 YEARS, S/O M.B. MAHIPAL, R/AT BELUR ROAD, MUDIGERE TOWN AND TALUK, CHIKKAMAGALURU DISTRICT-577 132 UTP NO.05/2025. …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: STATE OF KARNATAKA BY EXCISE INSPECTOR, MUDIGERE SUB-DIVISION, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT-POLICE TO RELEASE THE PETITONER ON BAIL UNDER SECTION 483 OF B.N.S.S. IN CONNECTION WITH CRIME NO.37/2024-25 OF EXCISE POLICE STATION, MUDIGERE SUB DIVISION FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(i), 20(a), 25 OF N.D.P.S ACT, 1985 BY PRL. SESSIONS AND SPECIAL JUDGE, CHIKKAMAGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7263 CRL.P No. 1278 of 2025 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 for the State and perused the material on record. 2. Petitioner has been arrested on 05.01.2025 by the Excise Police on the ground that he has cultivated ganja plant at the roof of his house to sell it to the public. 3. A ganja plant measuring 4.2 ft weighing about 707 grams was seized under a mahazar in the presence of panchas. 4. The complaint does not indicate that the petitioner was present in the house at the time of drawing the seizure panchanama, ganja plant is not seized from his exclusive possession. Alleged seizure of ganja is a small quantity. Petitioner has no criminal antecedents. - 3 - NC: 2025:KHC:7263 CRL.P No. 1278 of 2025 Prosecution has to establish its case against the petitioner in a full-fledged trial. In the facts and circumstances, petitioner can be admitted to bail by imposing necessary conditions. Accordingly, the following: ORDER (i) Petition is allowed. (ii) Petitioner/accused in Crime No.37/2024 of Excise Police Station, Mudigere sub-division, Mudigere, is ordered to be released on bail, subject to following conditions: 1. He shall execute a personal 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. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 4 - NC: 2025:KHC:7263 CRL.P No. 1278 of 2025 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 above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 50 Ct:ar