- 1 - NC: 2025:KHC:18376 CRL.P No. 6378 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 6378 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: SRI.NAGARAJAU S/O SHVIARAJU, AGED ABOUT 23 YEARS, R/O B. GOWDAGERE VILLAGE, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT-571475 (PRESENTLY IN J.C) …PETITIONER (BY SRI. AMBIKA M.,ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA CEN POLICE, REPRESENTED BY, THE PUBLIC PROSECUTOR, MANDYA - 571401. …RESPONDENT (BY SMT.WAHEEDA.M.M., HCGP FOR RESPONDENT) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.13/2025, WHICH IS REGISTERED BY THE RESPONDENT POLICE IN MANDYA CEN P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(b) OF NDPS ACT, 1985, PENDING ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT MANDYA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18376 CRL.P No. 6378 of 2025 ORAL ORDER This petition is filed by the accused seeking for regular bail in Crime No.13/2025, registered by the Mandya CEN Police Station, for the offences punishable under Section 20(b) of NDPS ACT, 1985. 2. The case of the prosecution is that on 10.03.2025 around 7.00 p.m., the complainant had received an information that the petitioner was selling ganja in the Tea stall. On receiving the said information, he went to the said spot along with staff and panchas and apprehended the accused and conducted the search and seizure. Thereafter, he was remanded to the judicial custody. 3. Heard Smt.Ambika.M., learned counsel for the petitioner, and Smt.Waheeda.M.M., learned High Court Government Pleader for the respondent -State. 4. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offenses. The allegations are concocted and baseless. - 3 - NC: 2025:KHC:18376 CRL.P No. 6378 of 2025 Though, it is alleged that 750 gms of ganja has been recovered from the petitioner, the fact remains that, it is small quantity and the petitioner has not involved in any other similar offences. Therefore, he may be enlarged on bail by imposing suitable conditions. 5. Per contra, learned High Court Government Pleader vehemently opposed the said submissions, and she further submitted that the case of the petitioner is heinous in nature. The petitioner with an intention to spoil the youth was selling the ganja in his tea-stall and it was seized by the respondent police in the presence of panchas. It has been proved that he was selling the ganja. Therefore, it is not appropriate to grant bail. Making such submissions, the learned High Court Government Pleader prays to reject the bail. 6. Having heard the learned counsel for the respective parties and also perused the averments of the FIR and also the seizure-mahazar. - 4 - NC: 2025:KHC:18376 CRL.P No. 6378 of 2025 7. Having perused the averments of the FIR and seizure-mahazar, I am of the considered opinion that the petitioner may be enlarged on bail for the reason that he is not an habitual offender, the alleged seized contraband is not a commercial quantity. It is further noticed that, the alleged offences are not even punishable with imprisonment for life. Therefore, it is appropriate to grant bail by imposing suitable conditions. 8. Hence, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.13/2025 of the respondent – Police, pending on the file of II Addl. Senior Civl Judge & JMFC at Mandya, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: - 5 - NC: 2025:KHC:18376 CRL.P No. 6378 of 2025 a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SRK List No.: 1 Sl No.: 42