- 1 - HC-KAR NC: 2025:KHC:22315 CRL.P No. 8081 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8081 OF 2025 BETWEEN: ANUSUYA W/O GOVINDA RAJU B.R AGED ABOUT 73 YEARS R/AT DURGHA NILAYA 3rd CROSS, BELT ROAD P AND T BACK SIDE CHIKKAMAGALURU - 577 101. …PETITIONER (BY SRI GIRISH B BALADARE, ADV.) AND: STATE BY EXCISE SUB-INSPECTOR-II CHIKKAMAGALURU RANGE CHIKKAMAGALAURU REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CRIME NO.10/2024-25 THE CASE IS REGISTERED BY EXCISE, CHIKKAMAGALURU SUB-DIVISION FOR THE OFFENCE P/U/S 20(a), 20(b), 20(b)(ii)(B), 25, 8(b), 8(c) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT CHIKKAMAGALURU ON SUCH TERMS AND CONDITIONS DEEMS FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22315 CRL.P No. 8081 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.10/2024-25/1304SIE2/130404 registered by Excise Sub-Inspector-II, Chikkamagaluru Zone, Chikkamagaluru, for the offences punishable under Sections 20(a), 20(b), 20(b)(ii)(B), 25, 8(b), 8(c) of NDPS Act, 1985, is under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.10/2024-25/1304SIE2/130404 registered by Excise Sub-Inspector-II, Chikkamagaluru Zone, Chikkamagaluru, for the aforesaid offences against the petitioner herein after a raid was conducted to the vacant site belonging to the petitioner and from the said site, 11 ganja plants totally weighing 465 grams, and was seized and subjected to panchanama. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.65/2025 before the jurisdictional Sessions Court, which was rejected on 17.03.2025. Therefore, she is before this Court. - 3 - HC-KAR NC: 2025:KHC:22315 CRL.P No. 8081 of 2025 4. Petitioner is a lady aged about 73 years. Undisputedly, she has no criminal antecedents. The allegation in the first information is that when the first informant was on patrolling duty, he found 11 ganja plants grown in the vacant site belonging to the petitioner and after recovering the same under a panchanama, first information has been registered against the petitioner. The aforesaid 11 ganja plants totally weighed 465 grams, and therefore, it is apparent that the ganja plants were very small plants. Therefore, a doubt arises whether the seized contraband article can be considered as 'ganja' within the meaning of 2(iii)(b) of NDPS Act, 1985. Even otherwise, the seized contraband article is of small quantity and the maximum punishment for the alleged offences is imprisonment for a period of one year. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.10/2024- - 4 - HC-KAR NC: 2025:KHC:22315 CRL.P No. 8081 of 2025 25/1304SIE2/130404 registered by Excise Sub-Inspector-II, Chikkamagaluru Zone, Chikkamagaluru, for the offences punishable under Sections 20(a), 20(b), 20(b)(ii)(B), 25, 8(b), 8(c) of NDPS Act, 1985, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK