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2025 DAILYLAW 41845 (KAR)

MANEESH M v. THE STATE OF KARNATAKA

CRL.P/14487/2025 · 2025-11-27

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49180 CRL.P No. 14487 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14487 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: 1. MANEESH M, S/O MANIYAN AGED ABOUT 34 YEARS PANAYAL VILLAGE KASARGODU TALUK KERALA STATE PRESENTLY RESIDING AT FLAT No.004, NELAMAHADI MANDOVI SAPHIRE VIDYARATHNA NAGARA SHIVALLI VILLAGE UDUPI TALUK. …PETITIONER (BY SRI DINESHKUMAR RAO K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANIPAL POLICE STATION UDUPI. (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001). …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49180 CRL.P No. 14487 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE PETITIONER ON BAIL IN CR.No.145/2025 OF THE MANIPAL P.S., UDUPI, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI(REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 8(c), 20(b), 22(b) OF NDPS ACT, 1985. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.3 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.145/2025 of Manipal Police Station, Udupi registered for the offences punishable under Sections 8(c), 20(b), 22(b) of Narcotic Drugs and Psychotropic Substances Act 1985. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/state. 3. The learned counsel for petitioner would contend that, on the basis of voluntary statement of accused Nos.1 and 2, a raid has been conducted in the - 3 - HC-KAR NC: 2025:KHC:49180 CRL.P No. 14487 of 2025 house of this petitioner, and during the raid, seven packets containing ganja was seized, and total weight of said ganja is 653 grams. The said ganja seized from the house of this petitioner is a small quantity. The punishment provided for possessing small quantity of ganja is imprisonment which may extend to one year with fine. The petitioner is in judicial custody since 17.08.2021. As major portion of the investigation is over, he is not required for further custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for respondent/State would contend that, the quantity of ganja seized from accused Nos.1 and 2 is 1,237 grams. On the basis of the voluntary statement of accused Nos.1 and 2, the house of this petitioner has been raided, and there seven packets of ganja were seized, and the total weight of ganja is 653 grams. The FSL report indicates that contraband seized is positive for ganja. The investigation is in progress. If the petitioner is granted - 4 - HC-KAR NC: 2025:KHC:49180 CRL.P No. 14487 of 2025 bail, there are chances of he hampering the investigation and tampering the prosecution witnesses. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint, mahazar and other documents placed on record. 6. On 16.08.2025, on the basis of credible information, a raid was conducted in a room, and arrested accused Nos.1 and 2, and they were found possessing 1,237 grams of ganja. The voluntary statements of accused Nos.1 and 2 were recorded. On the basis of the said voluntary statements, the police officer conducted raid in the house of this petitioner, and found seven packets in all containing 653 grams of ganja, and it was seized along with other articles. The petitioner came to be arrested on 17.08.2025, and he is in judicial custody. The quantity of ganja seized from the possession of the petitioner is a small quantity. The offence alleged against - 5 - HC-KAR NC: 2025:KHC:49180 CRL.P No. 14487 of 2025 the petitioner is punishable with imprisonment which may extend to one year and fine. There are no criminal antecedents of the petitioner. Considering the said aspect, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.145/2025 of Manipal Police Station, Udupi registered for the offences punishable under Sections 8(c), 20(b), 22(b) of Narcotic Drugs and Psychotropic Substances Act 1985 subject to following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:49180 CRL.P No. 14487 of 2025 b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall co-operate with the police in further investigation. d) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and co- operate for speedy disposal of the case. e) The petitioner shall not involve in commission of any offence. If he is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. f) The petitioner shall mark his attendance in jurisdictional police station on second and fourth Sunday of every month till disposal of the case registered against him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 7 Ct.sm