- 1 - NC: 2025:KHC-D:5015 CRL.P No. 100783 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100783 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: BHAGIRATHI BALARAM MAJHI AGE: 33 YEARS, OCC. PVT. WORK, R/O. KHATIGUDA, TQ. TUNTILIKANDI, DIST. NABARANGPUR, STATE: ODISSA. …PETITIONER (BY SRI VASANT G. HOLEYANNAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, BY PSI HUBBALLI, RAILWAY POLICE STATION, HUBBALLI. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS, SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL IN HUBBALLI RAILWAY POLICE STATION CRIME NO.99/2024 I.E., NOW IN NDPS CC NO.2/2025 FOR THE OFFENCE UNDER SECTIONS 20(B) (ii) (B) OF NDPS ACT, WHICH IS PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE, DHARWAD, BY ALLOWING THIS APPLICATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.20 12:23:40 +0530 - 2 - NC: 2025:KHC-D:5015 CRL.P No. 100783 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Vasant G. Holeyannavar, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, with the following prayer: “To release the petitioner/accused no.2 on bail in Hubballi Railway Police Station Crime No.99/2024 i.e., now in NDPS C.C. No.2/2025 for the offence under Sections 20(B) (ii) (B) of NDPS Act, which is pending on the file of Prl. District and Sessions Judge, Dharwad, by allowing this application.” 3. Petitioner is accused No.2 in NDPS C.C.No.2/2025. His bail request is rejected by the learned Special Judge and thereafter he is before this Court. 4. Facts in the nutshell for disposal of the petition are as under: - 3 - NC: 2025:KHC-D:5015 CRL.P No. 100783 of 2025 Based on the complaint lodged by Mudiyappa, a Police Officer, Hubballi Railway Police registered a case in Crime No.99/2024 on 17.10.2024. 4.1 Gist of the complaint averments would reveal that Mudiyappa received a credible information that somebody in general compartment of Amaravathi Express running from Shalimar to Vasco bearing No.18047 transporting narcotic substances. Accordingly, he formed a raid team comprising himself, Head Constables Irappa and Subhash and Constables Ramesh Lamani and Manju Reddy along with independent panchas. They went to platform No.4 and entered the general compartment of train No.18047. They spotted two persons with some bags and on enquiry, they revealed their names as Arunkumar and Bhagirathi. When they opened the said bags, in the presence of Gazetted Officers, they noted that dried ganja was found in the said bags and they did not possess any licence to possess the same. - 4 - NC: 2025:KHC-D:5015 CRL.P No. 100783 of 2025 4.2 Seized ganja weighed 4 Kg. 93 grams. Accordingly, they seized the same and apprehended those two persons and produced them before the Railway Police. After registering the case, those accused persons were arrested and after detailed investigation, charge sheet came to be filed. Accused-petitioner is in custody since 17.10.2024. 4.3 Since the charge sheet is filed and taking note of the material available on record, learned Trial Judge rejected the bail request. Thereafter the petitioner is before this Court. 5. Sri Vasant G. Holeyannavar, learned counsel for petitioner contends that the seized ganja is intermediatory quantity and continuation of the accused-petitioner in judicial custody is no longer warranted. 6. He would further contended that there is no criminal antecedents to the petitioner. Therefore, his continuation in judicial custody is no longer warranted and sought for grant of bail. - 5 - NC: 2025:KHC-D:5015 CRL.P No. 100783 of 2025 7. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent would contend that petitioner is admittedly a resident of Odisha State. Therefore, bail if granted to petitioner, he would not be available for trial. She would further contend that the very fact that 4 Kg. 93 grams was seized which was being transported in general compartment of Amaravathi Express Train, shows that the petitioner and co-accused were in the habit of transporting the ganja to be sold in Goa State and per chance, they have been caught by the Police and case came to be registered which shows the gravity of the offence and sought for dismissal of the petition. 8. Having heard the arguments of both the sides in detail, this Court perused the material on record meticulously. 9. On such perusal of the material on record, it is crystal clear that petitioner and the co-accused are permanent residents of Odisha State. - 6 - NC: 2025:KHC-D:5015 CRL.P No. 100783 of 2025 10. Usually in a matter of this nature, when the accused-petitioner is granted bail, they would not be available for trial and there is every possibility of jumping the bail. Many such matters are pending across the country, which are now transferred to long pending case register. 11. Therefore, apprehension of the prosecution is strong enough and cannot be brushed aside easily. 12. However, taking note of the quantity of ganja seized being intermediatory quantity, and embargo carved out in Section 37 of NDPS Act is not applicable in the case on hand. As such, this Court is the considered opinion that right of the accused-petitioner and apprehension of the prosecution can be harmonized by imposing suitable and stringent conditions. 13. Accordingly, the following order is passed. ORDER (1) The criminal petition is allowed. - 7 - NC: 2025:KHC-D:5015 CRL.P No. 100783 of 2025 (2) Petitioner is directed to be enlarged on bail on by executing two sureties in a sum of Rs.1,00,000/-, of which, one should be a cash surety in a sum of Rs.1,00,000/- and another surety should be a local surety for the likesum to the satisfaction of the learned Trial Judge. (3) Petitioner shall not tamper the prosecution witnesses in any manner. (4) Petitioner shall attend the Court regularly. (5) Petitioner shall not leave the jurisdiction of Dharwad District without prior permission. (6) Petitioner shall not indulge in similar offences in future. Violation of any one of the above conditions, would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 15