- 1 - NC: 2025:KHC-D:6201 CRL.P No. 101381 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101381 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MAKDUM SAMNAN @ MACK S/O. RIYAZ AHMAD MORAB, AGE: 26 YEARS, OCC. DRIVER, R/O. NEAR GUDIGERI HALL, MANTUR ROAD, MILLAT NAGAR, HUBBALLI. …PETITIONER (BY SRI. M.A. PATHAN, ADVOCATE FOR SRI. A.A. PATHAN, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH HUBBALLI-DHARWAD CEN POLICE STATION) BY H.C.G P HIGH COURT BENCH, DHARWAD HIGTH COURT BUILDING BENCH DHARWAD …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO GRANT REGULAR BAIL TO THE ABOVE NAMED PETITIONER/ACCUSED NO.1 IN HUBBALLI DHARWAD CITY CEN POLICE STATION CRIME NO. 189/2024 DATED 06.11.2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 20(b)(ii) B OF N.D.P.S. AGAINST THE ABOVE NAMED PETITIONER PENDING BEFORE THE PRL. DISTRICT AND SESSIONS JUDGE DHARWAD IN SPL. NDPS C.C.NO. 01/2025. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.04.09 11:39:06 +0530 - 2 - NC: 2025:KHC-D:6201 CRL.P No. 101381 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri M.A. Pathan for Sri. A.A. Pathan, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition is filed under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, with the following prayer: “To grant regular bail to the above named petitioner/accused No.1 in Hubballi Dharwad City CEN Police Station Crime No. 189/2024 dated 06.11.2024 for the alleged offences punishable under Section 20(b)(ii) B of N.D.P.S. against the above named petitioner pending before the Prl. District and Sessions Judge Dharwad in Spl. NDPS C.C.No. 01/2025.” 3. Facts in brief which are necessary for disposal of the petition are as under: - 3 - NC: 2025:KHC-D:6201 CRL.P No. 101381 of 2025 4. Petitioner is in custody since 06.11.2024 in respect of raid where under 2 kgs. 820 gms. of ganja has been seized from the custody of the petitioner. The bail request made by the accused resulted in rejection by the Special Judge. Thereafter, the petitioner is before this Court. 5. There is no any criminal antecedents against the petitioner. The quantity of the ganja seized is intermediary quantity. Taking note of the fact that charge sheet is filed, continuation of the accused-petitioner in the judicial custody is no longer warranted. 6. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 7. Accordingly, following order is passed. ORDER (i) The criminal petition is allowed. (ii) The Petitioner shall be enlarged on bail on executing a personal bond in a sum of - 4 - NC: 2025:KHC-D:6201 CRL.P No. 101381 of 2025 Rs.1,00,000/- [Rupees One Lakh only] with two sureties for the likesum to the satisfaction of the learned Trial Court. (iii) The petitioner shall not tamper the prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. (v) The petitioner shall not indulge in similar offences. (vi) Petitioner shall not leave the jurisdiction of Bangalore and Dharwad Districts without prior permission. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE VMB CT:PA LIST NO.: 1 SL NO.: 16