- 1 - NC: 2025:KHC-D:1387 CRL.P No. 100113 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100113 OF 2025 [439(Cr.PC)/483(BNSS)] BETWEEN: 1. SHANAWAJ @ AYAN S/O. IMTIYAZ KHAN, AGE: 23 YEARS, OCC. COOLIE, R/O. H.NO. 1472, MASIDDI ROAD, SHUBHASH NAGAR, DANDELI, TQ. DANDELI, DIST. UTTARA KANNADA-581325. 2. MAHAMMAD FARAN @ MAHAMMAD FARANA RAJA S/O. KHASIM SAB CHABBI, AGE: 25 YEARS, OCC. MASON WORK, R/O. H.NO.442, AKBAR BUILDING, SHUBHASH NAGAR, DANDELI, TQ. DANDELI, DIST. UTTARA KANNADA-581325. … PETITIONERS (BY SRI R. H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH DANDELI TOWN POLICE STATION), R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011. …RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONERS ON BAIL WHO ARE ARRAYED AS ACCUSED NO.1 AND 2 IN SPL. CASE NO. 123/2024 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA, KARWAR, IN CONNECTION WITH DANDELI TOWN P.S. CRIME NO. 80/2024, FOR THE OFFENCES P/U/SEC. 8(c), 20(b)(ii)(B) OF NDPS ACT 1985. MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.28 10:14:00 +0530 - 2 - NC: 2025:KHC-D:1387 CRL.P No. 100113 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 439 of Criminal Procedure Code (‘CrPC’ for short) for grant of regular bail in Crime no.80/2024 by Dandeli Town Police Station for offences punishable under Sections 8(c) and 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short) by accused no.1 and 2. 2. Sri R. H. Angadi, learned counsel for petitioners submitted case of prosecution was based on complaint filed by Sri I. R. Gaddekar, PSI, Dandeli Town Police Station stating that on 25.08.2024 at 12:45 p.m., he received credible information about petitioner no.1 who was earlier involved in NDPS case and released on bail, was absconding and coming to Dandeli carrying a bag containing Ganja. Based on information, complainant waited for his arrival at Dandeli bus stand. On arrival, it was found, petitioner no.1 had bag in his hand, suspecting - 3 - NC: 2025:KHC-D:1387 CRL.P No. 100113 of 2025 it to contain Ganja, complainant immediately informed his superior officer by email and telephone, got same entered in Station House Diary and apprehending that person transporting Ganja was likely to escape, sought permission from Dy.S.P, Dandeli by email and got permission to conduct search. Thereafter, he requested Gazetted Officer, who was Veterinary Doctor, Veterinary Hospital, Dandeli to be present during search. He also got two persons from office of Commissioner, Dandeli, CMC as Panchas. In their presence and as there was real likelihood of accused escaping and there was no time to obtain permission from Court he conducted search of petitioners at 13.25 hours. They found 8 packets wrapped in brown colour tape in bag. On enquiry, it was stated to be Ganja which he had got from Bahrampur in Orissa. After smelling it and confirming that it was Ganja, they searched accused after informing them whether they required themselves to be searched or in presence of Magistrate / Gazetted Officer, detained consent for search in presence of Gazetted Officer and conducted search, which resulted in recovery - 4 - NC: 2025:KHC-D:1387 CRL.P No. 100113 of 2025 of 3 Kgs. 560 grams of Ganja. After seizure of same by drawing panchnama, Crime no.80/2024 was registered for above mentioned offences and petitioners arrested on same day. 3. It was submitted, petitioners had not committed any offences and were falsely implicated. They were sole bread earners of their families and were permanent residents of Dandeli with strong roots in society. Even as per prosecution case, seizure was of intermediate quantity and not commercial quantity. Petitioners were arrested and were in judicial custody from 25.08.2024. In meanwhile, prosecution had completed investigation and filed charge-sheet. Thus, there was no further requirement of petitioners for custodial interrogation. It was submitted, since charge-sheet was filed by naming 24 witnesses, conclusion of trial was likely to be delayed. It was submitted, purpose of bail was not to punish undertrials but to ensure that they attend trial. It was submitted, as prosecution was yet to establish their - 5 - NC: 2025:KHC-D:1387 CRL.P No. 100113 of 2025 offence during trial, they were entitled to be released on bail. 4. On other hand, Sri Jairam Siddi, learned HCGP for respondent – State opposed petition. It was submitted, in pursuance of a search after following due procedure, there was recovery of intermediate quantity of Ganja from petitioners. It was submitted, petitioner no.1 was earlier involved in Crime nos.90/2023 and 22/2024 under NDPS Act, while accused no.2 was previously involved in Crime no.41/2023 under NDPS Act, a theft case and also about obstructing a Government servant from performing duty while in Karwar District Jail. Above fact would indicate that petitioners were habitual offenders and hence, sought for rejection of bail petition. 5. Heard learned counsel. 6. From above, point that arises for consideration is: “Whether petitioners are entitled for regular bail with conditions?” - 6 - NC: 2025:KHC-D:1387 CRL.P No. 100113 of 2025 7. This petition is for regular bail by accused no.1 and 2, in Crime no.80/2024 by Dandeli Town Police for offences as mentioned above. Prima-facie examination of prosecution material would indicate that based on credible information about petitioner no.1 transporting Ganja in hand bag, complainant followed necessary procedure, obtained permission and conducted raid/search of petitioners and recovered 3 Kgs. 560 grms of Ganja kept in 8 packets wrapped in brown colour tape in bag. 8. Though petitioners claim to be innocent and falsely implicated, prosecution in relying upon seizure. But as charge-sheet has been already filed, petitioners are awaiting commencement and conclusion of trial, which is likely to be delayed due to number of witnesses cited. 9. Insofar as contention urged about criminal antecedents, Hon’ble Supreme Court in case of Prabhakar Tewari vs. State of UP reported in (2020) 11 SCC 648 has held that rejection of bail application merely on ground of criminal antecedents, would not be - 7 - NC: 2025:KHC-D:1387 CRL.P No. 100113 of 2025 justified. Infact in case of Sanjay Chandra v. Central Bureau of Investigation reported in (2012) 1 SCC 40, Hon’ble Supreme Court held purpose of bail is only to secure presence of petitioner during trial and not as a measure of punishment of under trial and until convicted, there would be presumption of innocence. 10. Under above circumstances and as petitioners have been in custody from date of arrest i.e. 25.08.2024, petitioners could be granted bail by imposing stringent conditions. Hence point for consideration is answered in affirmative. Accordingly following: ORDER Petition is allowed. Petitioners/accused no.1 and 2 are released on bail in Crime no.80/2024 of Dandeli Town Police Station for offences punishable under Sections 8(c) and 20(b)(ii)(B) of NDPS Act, subject to following conditions: a) Petitioners/accused no.1 and 2 shall execute a personal bond each in a sum of Rs.1,00,000/- with two sureties for likesum - 8 - NC: 2025:KHC-D:1387 CRL.P No. 100113 of 2025 to satisfaction of Prl. District & Sessions Judge, Uttara Kannada, Karwar. b) They shall not leave jurisdiction of Karwar without prior permission of Court. c) They shall mark their attendance once a month i.e. between 9:00 a.m. and 4:00 p.m., on 1st of every month before Investigating Officer. d) They shall also attend trial Court proceedings regularly. e) They shall not threaten or tamper with any prosecution witnesses either directly or indirectly. f) They shall not indulge in any criminal activities. SD/- (RAVI V.HOSMANI) JUDGE RH CT:PA List No.: 1 Sl No.: 21