- 1 - HC-KAR NC: 2025:KHC-D:10712 CRL.P No. 103183 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103183 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: MR. KULAKULE @ BOLANATH DADU CHOUGALE, AGE. 23 YEARS, OCC. AUTO DRIVER, R/O. H.NO.38, SHIVABASAV NAGAR, BELAGAVI, TQ. AND DIST. BELAGAVI-590 016 … PETITIONER (BY SRI. DEEPAK S. KULKARNI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI, MALMARUTI POLICE STATION, TQ. AND DIST. BELAGAVI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO RELEASED ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN MALMARUTI P.S. CRIME NO.109/2025, PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN RESPECT OF THE OFFENCES PUNISHABLE UNDER SECTION 20(B) (II) (B) OF NDPS ACT 1985, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10712 CRL.P No. 103183 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Crime No.109 of 2025 registered by Malamaruthi Police Station, Market Sub Division, Belagavi City, for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, 1985, is before this Court under Section 482 of the BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.109 of 2025 was registered by Malmaruthi Police Station, Market Sub Division, Belagavi City for the aforesaid offence against the petitioner herein based on the first information dated 20.06.2025 received from Honnappa Talawar, Police Officer attached to Malamaruthi Police Station, Belagavi City. Apprehending arrest in the said case, the petitioner has filed Crl.Misc.No.822/2025 before the Jurisdictional Sessions Court, which was rejected on 17th July 2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:10712 CRL.P No. 103183 of 2025 4. Learned counsel for the petitioner submits that the petitioner is a youngster, aged about 23 years, having no criminal antecedents. The seized contraband article allegedly ganja includes leaf, stem and other parts of the ganja plant and therefore, the same cannot be considered ganja as per the definition of ‘ganja’ under the Act. The petitioner is ready and willing to cooperate with the Police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute that the petitioner has no other criminal antecedents. 6. The allegation in the first information submitted by the Police Officer attached to Malamaruthi Police Station is that on 20.06.2025 when he was in the Police Station, he received credible information about the petitioner making attempts to sell contraband articles allegedly ganja to the public. Immediately thereafter, he had gone to the spot - 4 - HC-KAR NC: 2025:KHC-D:10712 CRL.P No. 103183 of 2025 along with his staff and panchas and after seeing the Police, the petitioner allegedly threw the plastic bag, which he was holding and ran away from the spot. In the plastic bag, which the petitioner allegedly had thrown, the Police found the contraband article allegedly ganja, totally weighing 1 kg. 213 grams. 7. The material on record would go to show that the contraband article allegedly ganja included the leaves, stem, flower, seeds and other parts of the ganja plant. Therefore, a doubt arises whether the seized article can be considered strictly as ganja within the meaning of Section 2(iii)(b) of the NDPS Act, 1958. Even otherwise the seized contraband article allegedly ganja is little more than the small quantity. Undisputedly, the petitioner has no other criminal antecedent and he has undertaken to cooperate with the Police for the purpose of investigation. The alleged offence is not punishable with death or life imprisonment. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of - 5 - HC-KAR NC: 2025:KHC-D:10712 CRL.P No. 103183 of 2025 anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to appear before the Investigating Officer on 30.08.2025 between 10:00 a.m. and 11:00 p.m. and on the said day, the Investigation Officer is at liberty to take the petitioner into custody for the purpose of interrogation. However, it is made clear that the Investigation Officer shall release the petitioner on the same day, on or before 6:00 p.m., subject to the petitioner executing a personal bond for a sum of ₹1,00,000/- with one surety for the like sum to the satisfaction of the investigating officer. (iii) The petitioner is directed to appear before the Investigating Officer and mark his attendance between 9:00 a.m. and 11:00 a.m. on every first Sunday of the month till the investigation is completed and charge sheet is filed in the present case. - 6 - HC-KAR NC: 2025:KHC-D:10712 CRL.P No. 103183 of 2025 (iv) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (v) The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. (vi) The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 26