- 1 - NC: 2025:KHC-D:7206 CRL.P No. 101803 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 101803 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SRI. PURQAN S/O. BABAJAN PATAVEGAR AGED ABOUT 24 YEARS, R/AT. LAKSHAR BAJAR, SAVANUR, SAVANUR TALUK, HAVERI -581118. 2. SRI. IMRAN S/O. BABAJAN PATAVEGAR AGED ABOUT 27 YEARS, R/AT. LAKSHAR BAJAJ, SAVANUR, SAVANUR TALUK, HAVERI-581118. …PETITIONERS (BY SRI. G.M.GADILINGAPPA, ADVOCATE) AND: STATE OF KARNATAKA BY ADUR POLICE STATION, HAVERI DISTRICT-581101, (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR), THE HIGH COURT BUIDLING, DHARWAD-580001. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRPC (U/SEC. 483 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION TO ENLARGE THEM ON BAIL IN CRIME NO.57/2025 FOR AN OFFENCE PUNISHABLE UNDER SECTIONS 20(b) (ii) (B) NDPS ACT 1985 OF ADUR POLICE, HAVERI DISTRICT, WHICH IS PENDING BEFORE THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE AT HAVERI, ON SUCH TERMS AND CONDITIONS IN THE ENDS OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.21 10:12:42 +0530 - 2 - NC: 2025:KHC-D:7206 CRL.P No. 101803 of 2025 ORAL ORDER This petition is filed by accused No.5 and 6 in Crime No.57/2025 registered before the Adur Police Station seeking bail. 2. It is alleged that the police have seized ‘Ganja’ from six persons including the present petitioners. The complaint was lodged suo-moto by the police based on credible information said to have been received by the police. The prosecution contends that pursuant to incredible information, the police have conducted raid and in the vehicle bearing registration No.KA-17/C-2628 seized ‘Ganja’ from six persons traveling in the said vehicle. All the six persons were arrested and they are in judicial custody. 3. The application filed by the accused seeking bail before the jurisdictional Sessions Court is rejected vide order dated 05.04.2025. 4. Pursuant to the petition before this Court, notice was issued. The State has not filed any statement of objection. - 3 - NC: 2025:KHC-D:7206 CRL.P No. 101803 of 2025 5. The learned counsel appearing for the petitioners would submit that the petitioners were not named in the complaint and no material is seized from the accused and false case is foisted against the accused. It is his further submission that the accused were arrested on 25.03.2025 and they are in custody. It is urged that the petitioners have not committed any offence and they have not been convicted for any offence earlier. It is his further submission that two of the accused have been granted bail by this Court vide order dated 08.05.2025 in Crl.P.No.101859/2025 c/w Crl.P.No.101685/2025. 6. Learned HCGP appearing for the respondent- State would oppose the petition and would submit that ‘Ganja’ has been seized from the custody of the accused based on credible information received by the police and the cell phones of the accused have also been seized and in case, the accused are released on bail, they will hamper the investigation as the investigation is not yet completed. Thus, he would pray to dismiss the petition. - 4 - NC: 2025:KHC-D:7206 CRL.P No. 101803 of 2025 7. On perusal of the complaint, it is noticed that the complaint is registered based on information said to have been received through telephone message and it is stated in the complaint that one Altaf S/o.Najeerahmed Bagavale was illegally transporting ‘Ganja’ in the vehicle bearing registration No. KA-17/C-2628. The panchanama produced by the prosecution would reveal that the police have intercepted the aforementioned vehicle. The police claimed to have recovered 6266 grams of ‘Ganja’ worth ₹1,50,000/-. It is further stated that the cell phones of six persons traveling in the said vehicle have also been seized. 8. It is not in dispute that two of the accused named in the aforementioned complaint have already been granted bail vide order dated 08.03.2025 in Crl.P.No.101859/2025 c/w 101685/2025. After going through the complaint, it is very much apparent that the petitioners’ names are not found in the FIR and even if the police version is accepted that the ‘Ganja’ was seized from the accused, it can be noticed that the custodial interrogation is not required in the case on hand. The accused have been in custody since - 5 - NC: 2025:KHC-D:7206 CRL.P No. 101803 of 2025 25.03.2025. Under these circumstances, this Court is of the view that the accused are entitled to be released on bail subject to certain conditions. Hence, the following: ORDER The petitioners/accused No.5 and 6 in Adur Police Crime No.57/2025, pending on the file of the Sessions Judge, Haveri, be enlarged subject to the following conditions: i) The petitioners/accused No.5 and 6 shall execute a self bond for a sum of ₹1,00,000/- (Rupees one Lakh only) each for the likesum to the satisfaction of the trial Court. ii) The petitioners/accused No.5 and 6 shall also furnish one independent surety each for the likesum. iii) The petitioners/accused No.5 and 6 shall make themselves available for interrogation by police officer as and when required. - 6 - NC: 2025:KHC-D:7206 CRL.P No. 101803 of 2025 iv) The petitioners/accused No.5 and 6 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any police officer. v) The petitioners/accused No.5 and 6 shall not tamper the prosecution witnesses in any manner. Sd/- (ANANT RAMANATH HEGDE) JUDGE YAN Ct:vh List No.: 1 Sl No.: 7