- 1 - NC: 2025:KHC:42 CRL.P No. 11847 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11847 OF 2024 BETWEEN: SABIT @ MOHAMMED SABIT S/O C.V. JUBER, (IN THE CHARGE SHEET NAME IS MENTIONED AS SABITH YANE MAHAMMED SABITH) AGED ABOUT 23 YEARS, OCC: BUSINESS, R/O 7TH CROSS, MOMIN MOHALLA, BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT - 577 301. …PETITIONER (BY SRI. P.B. UMESH, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY BHADRAVATHI OLD TOWN POLICE STATION, BHADRAVATHI TOWN CIRCLE, SHIVAMOGGA DISTRICT - 577 301, (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001) …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SPL.C(NDPS) NO.267/2024 PENDING OF THE FILE OF PRINCIPAL DISTRICT AND SPECIAL JUDGE, AT SHIVAMOGGA (CHARGE SHEETED FOR OFFENCE P/US/ 20(b)(ii)(B) OF NDPS ACT 1985 IN CRIME NO.107/2024 OF Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:42 CRL.P No. 11847 of 2024 BHADRAVATHI OLD TOWN POLICE STATION PENDING THE TRIAL. 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 High Court Government Pleader for the respondent / State and perused the material on record. 2. This petition is preferred to enlarge the petitioner / accused No.1 on bail in Crime No.107/2024 registered at Bhadravarthi Old Town Police Station, Shivamogga, for the offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). 3. It is the case of prosecution that on 18.06.2024, at about 02.00 p.m., accused Nos.1 to 3 were selling ganja in front of the KEB Office in Momin Mohalla, Anwar colony, within the jurisdiction of Bhadravathi Old Town Police Station, by parking a car bearing registration - 3 - NC: 2025:KHC:42 CRL.P No. 11847 of 2024 number KA-03-MM-4817. On seeing the Police, accused Nos.2 and 3 are alleged to have fled away from the spot, whereas petitioner / accused No.1 was apprehended and 5 packets each containing 5 gms of dry ganja, totally weighing 25 gms. of ganja as well as cash of Rs.600/- was seized from him. 4. Charge sheet is filed showing accused Nos.2 and 3 as absconding. It is submitted by the learned counsel for petitioner that accused Nos.2 and 3 have been enlarged on bail subsequently. He contended that petitioner is innocent and the police have falsely implicated him in this case. He submits that the petitioner is ready and willing to abide by any conditions which may be imposed by the Court. 5. Learned High Court Government Pleader has opposed the bail petition contending that the petitioner is involved in number of criminal cases and he is a habitual offender involved in selling ganja to the public. He therefore contended that if the petitioner is enlarged on - 4 - NC: 2025:KHC:42 CRL.P No. 11847 of 2024 bail, he may once again involve in committing similar offence. 6. The allegations are that the petitioner and two other accused were selling ganja to the general public. A total quantity of 25 gms of ganja is alleged to have been seized from the petitioner. It is not forthcoming as to whom the petitioner has sold ganja. The statements of such persons are not recorded. As per FSL report, the sample sent for examination has tested positive for ganja. However, the ganja seized is a small quantity. The petitioner has been enlarged on bail in other cases in which he is alleged to have been involved. 7. It is contended by the learned High Court Government Pleader that the petitioner while in prison in connection with other cases has threatened people who were outside the jail using mobile phone. However, it is contended by the learned counsel for petitioner that bald allegations are made that petitioner has used mobile phone while he was in prison and threatened people, however, no case was registered against him. - 5 - NC: 2025:KHC:42 CRL.P No. 11847 of 2024 8. Petitioner has undertaken to furnish sufficient surety to ensure his regular presence before the Trial Court and to abide by other conditions. In the present case, he is not required for further interrogation. Hence, by imposing stringent conditions, he can be admitted to bail. Accordingly, the following: ORDER i) Petition is allowed. ii) Petitioner / accused No.1 shall be enlarged on bail in Spl.C(NDPS) No.267/2024 pending on the file of Principal District and Special Judge, at Shivamogga arising out of Crime No.107/2024 of Bhadravathi Old Town Police Station, subject to following conditions: a) He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Trial Court. b) He shall furnish proof of his residential address and shall inform the - 6 - NC: 2025:KHC:42 CRL.P No. 11847 of 2024 Investigation Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. f) He shall mark his attendance at Bahadravathi Old Town Police Station, on every Sunday for a period of 2 months and thereafter, on every Second and Fourth Sunday between 11:00 a.m and 01:00 p.m. till the conclusion of trial in this case or until further orders. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 42