- 1 - HC-KAR NC: 2025:KHC:21194 CRL.P No. 7734 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7734 OF 2025 BETWEEN: RESHMA A, D/O ALLABAKASH, AGED ABOUT 28 YEARS, R/AT NO.91, 4TH MAIN ROAD, SRIRAMPURA, JAKKUR, BENGALURU - 560 064. PERMANENT ADDRESS. SADAHALLI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DIST. - 562 110. …PETITIONER (BY SRI. D.G. SREENIVASA KUMAR, ADVOCATE) AND: STATE OF KARNATAKA BY GOVINDAPURA POLICE STATION, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONERS ON BAIL IN CR.NO.392/2024 (SPL.C.NO.823/2025) OF RESPONDENT U/S Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21194 CRL.P No. 7734 of 2025 20(c), 29, 25 NDPS ACT 1985, ON THE FILES PENDING OF THE HONBLE CCH-33 CITY COURT COMPLEX, BANGALORE AND GRANT SUCH OTHER RELIEF/RELIEFS OF THIS HONBLE COURT DEEMS FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in Spl. C.C.No.823/2025 pending before the Court of the Additional City Civil and Sessions Judge and Special Judge (NDPS) arising out of Crime No.392/2024 registered by Govindapura Police Station, Bangalore for offence punishable under Sections 20(c), 29 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act), is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.392/2024 registered by Govindapura police station, Bangalore, initially for the offences - 3 - HC-KAR NC: 2025:KHC:21194 CRL.P No. 7734 of 2025 punishable under Section 20(C) of NDPS Act against Achhu Santosh and two others based on the first information dated 21.11.2024 received from one Anand Kumar, Police Officer attached to Govindapura Police Station, Bengaluru. 4. During the course of investigation of the case, petitioner herein was arrested on 21.11.2024. After completing the investigation, charge sheet has been filed against three persons and the petitioner is arrayed as accused No.3 in the charge sheet, her husband Jameer Khan who was also arrested on 21.11.2024 is arrayed as accused No.2 in the charge sheet. The bail application filed by the petitioner herein before the jurisdictional Sessions Court in Crl. Misc. No.3617/2025 was rejected on 27.05.2025. Therefore, she is before this Court. 4. Learned counsel for the petitioner after reiterating the grounds urged in the bail petition submits that petitioner is a married lady and she has no criminal antecedents. She is in custody for more than seven months. The contraband article allegedly in her possession is of intermediate quantity. Major portion of the investigation in the case has already been - 4 - HC-KAR NC: 2025:KHC:21194 CRL.P No. 7734 of 2025 completed. She has undertaken to appear the trial court on all date of hearing. Accordingly, he prays to allow the petition. 5. Per contra, the learned Additional State Public Prosecutor opposes the bail application. She submits that the police have seized totally 318 kgs and 34 grams of contraband articles in the present case. In the chemical examination, it is found that the seized article was ganja and therefore rigour under Section 37(1) of the Act become applicable. 6. FIR was initially registered against three persons in Crime No.392/2024 by Govindapura Police Station, Bengaluru based on the credible information allegedly received by the first informant who was a Police Officer attached to Govindapura Police Station, Bengaluru. After registration of FIR, the first informant along with his staff allegedly went to the spot where accused Nos.1 and 2 were supposed to arrive in a Ertiga car bearing registration No.TS-21-L-6241 along with contraband articles to deliver the same to accused No.3. At about 12.30 p.m., on 21.11.2024, accused Nos.1 and 2 arrived in Ertiga car bearing registration No.TS-21-L-6241 and allegedly handed - 5 - HC-KAR NC: 2025:KHC:21194 CRL.P No. 7734 of 2025 over 5 packets of contraband article to the petitioner/accused No.3 and the petitioner after collecting the same was about to leave the spot. At that time, the raiding squad apprehended the petitioner and from her possession 5 packets of contraband allegedly ganja was seized. Based on her statement immediately thereafter accused Nos.1 and 2 were also arrested. The contraband article allegedly ganja recovered from the possession of the petitioner which were found in five packets totally weighed 7 kgs 860 grams. Under the relevant notification issued under provisions of the NDPS Act, the aforesaid quantity of ganja is considered as intermediate quantity. After the accused Nos.1 and 2 were apprehended, from their Ertiga car bearing registration No.TS-21-L-6241, police had recovered the remaining quantity of contraband articles, out of the total 318 kgs 34 grams of contraband articles seized in this case. 7. Accused Nos.1 and 2 are in custody. Petitioner who is arrayed as accused No.3 in the present case is a married lady, having no other criminal antecedents. It is submitted by - 6 - HC-KAR NC: 2025:KHC:21194 CRL.P No. 7734 of 2025 the learned counsel for the petitioner that she has a six year old child who is required to be taken care. 8. Since seized contraband article from the possession of the petitioner is of the intermediate quantity, rigour under Section 37 of NDPS Act cannot be made applicable. Considering the aforesaid aspect of the matter and also having regard to the proviso to Section 480 of BNSS, I am of the opinion that the prayer made by the petitioner for grant of bail needs to be answered affirmatively. Accordingly, the following : ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.392/2024 of Govindapura Police Station, Bengaluru, registered for the offences punishable under Sections 20(c), 29 and 25 of the NDPS Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR NC: 2025:KHC:21194 CRL.P No. 7734 of 2025 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SNC List No.: 2 Sl No.: 7 CT: BHK