- 1 - HC-KAR NC: 2025:KHC:33087 CRL.P No. 11271 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 11271 OF 2025 BETWEEN: MAHAMMAD SADDAM S/O ABDUL KAREEMSAB AGED 32 YEARS R/O HORAKERAPPA ROAD NALLUR CAMP, CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213. …PETITIONER (BY SRI SAMEER S N, ADVOCATE) AND: STATE BY PSI CHANNAGIRI POLICE STATION CHANNAGIRI REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI K NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.368/2025 REGISTERED BY THE RESPONDENT - CHANNAGIRI PUBLIC STATION FOR THE ALLEGED OFFENCE UNDER SECTION 8(c), 20(b) OF NDPS ACT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33087 CRL.P No. 11271 of 2025 ORAL ORDER Heard the learned counsel for petitioner, learned HCGP for the State and perused the material on record. 2. Petitioner is arrested in connection with a case registered in Crime No.368/2025 of Channagiri Police Station, for the offence punishable under Section 8(c) and 20(b) of the NDPS Act, 1985. The learned Sessions Judge, vide order dated 11.07.2025 has rejected the bail petition filed under Section 483 of BNSS. Hence, this petition. Brief Facts: 3. The Police Inspector of Channagiri Police Station, received a credible information on 23.06.2025 at about 01.30 p.m. that a person is intending to sell Ganja to the general public, in a autorickshaw bearing registration No.KA-18/B-5743 near Billahalli Katte, on Channagiri- Davangere road. On his complaint, aforesaid case was registered against unknown person. The Police Sub- Inspector of Channagiri Police Station secured two - 3 - HC-KAR NC: 2025:KHC:33087 CRL.P No. 11271 of 2025 panchas and went to the spot along with his staff and a Gazetted officer. At about 02.40 p.m., they intercepted the autorickshaw and found that petitioner / accused was carrying a bag containing Ganja in the said autorickshaw. 1 kg 320 grams of Ganja valued at Rs.1,10,000/- was seized under a mahazar in the presence of panchas. The accused was arrested. 4. As per mahazar, the Ganja allegedly seized from the possession of the accused includes the stem, flowers, leaves and seeds. The learned counsel for petitioner would contend that 'Ganja' as defined under Section 2(iii)(b) of the NDPS Act is the flowering of fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops). Hence, he submitted that the exact quantity of Ganja seized in this case is not forthcoming. 5. Petitioner has been arrested and interrogated. Even accepting the case of prosecution, Ganja seized in - 4 - HC-KAR NC: 2025:KHC:33087 CRL.P No. 11271 of 2025 this case is not a commercial quantity. No criminal antecedents against the petitioner has been brought to the notice of the Court. Petitioner is not required for further interrogation. The investigation is almost completed. Apprehension of the prosecution can be taken care of by imposing conditions. Hence, the following: ORDER Petition is allowed. Petitioner/accused in Crime No.368/2025 of Channagiri Police Station, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish his residential address and shall inform the Court, if there is change in the address. - 5 - HC-KAR NC: 2025:KHC:33087 CRL.P No. 11271 of 2025 3. He shall not leave the jurisdiction of the trial Court without prior permission. 4. He shall not tamper with the prosecution witnesses either directly or indirectly. 5. He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 36