- 1 - HC-KAR NC: 2025:KHC:40647 CRL.P No. 12487 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12487 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MOHAMMED KAREEN @ KALU S/O. MOHAMMED GOUSE AGED ABOUT 30 YEARS R/AT No. 2559, 3RD CROSS MKDK ROAD, MANDIMOHALLA MYSURU- 570 001. …PETITIONER (BY SRI GIREESHA R J, ADVOCATE) AND: 1. STATE BY MANDI POLICE STATION MYSURU - 570 001. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THEM ON BAIL IN CRIME No.51/2025 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 8(c), 20(b)(ii)(B) OF NDPS ACT 1985 REGISTERED BY MANDI POLICE STATION BENGALURU AND ETC., Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40647 CRL.P No. 12487 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 2 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in crime No. 51/2025 of Mandi Police Station, for offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the `NDPS Act’). 2. Heard learned counsel for petitioner and learned HCGP for respondent – State. 3. Learned counsel for petitioner would contend that the quantum of Ganja seized from the house of the petitioner is less than commercial quantity and more than small quantity. Said Ganja has been seized after sunset and warrant for search has not been obtained in compliance of Section 41 of the NDPS Act. Charge sheet is filed and - 3 - HC-KAR NC: 2025:KHC:40647 CRL.P No. 12487 of 2025 therefore, petitioner is not required for custodial interrogation. On the point urged, learned counsel for petitioner has placed reliance on the decision of a coordinate Bench of this Court rendered in Crl.P. No. 5216/2025 disposed on 09.06.2025. On these grounds he prayed to allow the petition. 4. Per contra, learned HCGP would contend that quantity of Ganja seized from the house of petitioner is 3KGs 90 Gms and it is more than small quantity and less than commercial quantity. Punishment provided for the alleged offence is imprisonment for 10 years. Petitioner is a habitual offender and earlier 4 cases have been registered against him for similar offences. If the petitioner is granted bail there are chances of he repeating similar offence. With this he prayed to reject the petition. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint, charge sheet records and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:40647 CRL.P No. 12487 of 2025 6. On 09.07.2025 Police found accused No. 1 standing in suspicious manner holding a plastic cover and on being asked, he told that it contained Ganja and on being searched, they found 1 KG 10 Gms of Ganja in a plastic cover. On enquiry, accused No. 1 told that he has been given said Ganja by accused No. 2 for sale. He further told the Police that accused No. 2 is also in possession of Ganja in his house and he will show the house of accused No. 2. Accused No. 1 took the Police to the house of petitioner – accused No. 2 and on search at his house, in the presence of Gazetted Officer and panchas, 3 KGs 90 Gms of Ganja was found in the refrigerator and it was seized under mahazar. 7. Learned counsel for petitioner would contend that the said search and seizure of the house of petitioner is after sunset, between 06.45 to 07.30 pm and it is in violation of provisions of Section 41 of the NDPS Act. On that point he placed reliance on decision of a coordinate Bench of this Court rendered in Crl.P. No. 5216/2025 rendered on 09.06.2025. In the said case the coordinate Bench of this - 5 - HC-KAR NC: 2025:KHC:40647 CRL.P No. 12487 of 2025 Court has held that officer has not recorded grounds of belief for the same and that without affording opportunity for concealment of evidence or facility for the escape of the offender search warrant or authorization cannot be obtained. In the case on hand there is specific mention in the complaint that after disclosure of the information by accused No. 1 there was no time for the Investigating Officer to obtain warrant. In order to avoid escape of the petitioner and concealment of evidence, they have not complied Section 41 of the NDPS Act. 8. Petitioner was in possession of 3 KGs 90 Gms of Ganja. Said quantity is more than small quantity and less than commercial quantity. Offence alleged against the petitioner is punishable with imprisonment for 10 years. Petitioner is involved in 4 cases for similar offence. Considering the said aspect it is clear that petitioner is a habitual offender. If the petitioner is granted bail there are chances of he repeating similar offence. Considering the - 6 - HC-KAR NC: 2025:KHC:40647 CRL.P No. 12487 of 2025 above aspects petitioner has not made out any grounds for grant of bail. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 13 Ct.sm