- 1 - HC-KAR NC: 2025:KHC-D:10720 CRL.P No. 103224 of 2025 C/W CRL.P No. 103205 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103224 OF 2025 C/W CRIMINAL PETITION NO. 103205 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL.P. NO.103224 OF 2025: BETWEEN: GAYATRI W/O MARUTI KALE, AGE. 35 YEARS, OCC. COOLIE, R/AT. NARASAPURA, NOW AT BINKADAKATTI, TQ. GADAG, DIST. GADAG-580 020. & PETITIONER (BY SRI. HIRANKUMAR PATEL, ADVOCATE) AND: THE STATE OF KARNATAKA, GADAG RURAL POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. & RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.3 ON REGULAR BAIL AS ATTACHED IN GADAG RURAL POLICE STATION CRIME NO.148/2025 PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT: GADAG, OR THE OFFENCE PUNISHABLE UNDER SECTION 20(B) OF NDPS, 1985, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10720 CRL.P No. 103224 of 2025 C/W CRL.P No. 103205 of 2025 IN CRL.P. 103205 OF 2025: BETWEEN: 1. BAPU S/O PUNAJAPPA HARANASHIKARI, AGE. 48 YEARS, OCC. COOLIE, R/AT. KOTUMACHAGI VILLAGE, TQ. GADAG, DIST. GADAG-582 111. 2. CHANDRAPPA S/O PUNAJAPPA HARANASHIKARI, AGE. 60 YEARS, OCC. COOLIE, R/AT. KOTUMACHAGI VILLAGE, TQ. GADAG, DIST. GADAG-582 111. & PETITIONERS (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, GADAG RURAL POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. & RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE ACCUSED, NO.1 AND 2/PETITIONERS ON REGULAR BALL IN GADAG RURAL POLICE STATION CRIME NO.148/2025 PENDING ON THE FILE OF COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE AT: GADAG, FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(B) OF THE NDPS, ACT 1985, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10720 CRL.P No. 103224 of 2025 C/W CRL.P No. 103205 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 to 3 in Crime No.148 of 2025 registered by Gadag Rural Police Station, Gadag District for offence punishable under Section 20(b) of the NDPS Act, are before this Court in these two petitions filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.148 of 2025 was registered by Gadag Rural Police Station, Gadag District for the aforesaid offences against accused Nos.1 to 4 based on the first information dated 10.07.2025 received from Murtuja Khadri, Police Officer attached to Gadag Rural Police Station, Gadag. During the course of investigation, accused Nos.1 and 2 were arrested on 10.07.2025 and accused No.3 was arrested on 11.07.2025 and subsequently remanded to judicial custody. Their bail applications filed before the Jurisdictional Sessions Court were rejected and therefore, accused Nos.1 and 2 are before this Court in Criminal Petition No.103205 of 2025 and - 4 - HC-KAR NC: 2025:KHC-D:10720 CRL.P No. 103224 of 2025 C/W CRL.P No. 103205 of 2025 accused No.3 is before this Court in Criminal Petition No.103224 of 2025. 4. Learned counsel for the petitioners submits that accused Nos.1 and 2 do not have any criminal antecedent, seizure of contraband article allegedly ganja from the possession of accused is of small quantity. Accordingly, they pray to allow the petitions. 5. Per contra, learned HCGP, who has opposed the petitions submits that accused No.3, who is a lady, is a person with criminal antecedent and five criminal cases were earlier registered against her for offences punishable under the provisions of Karnataka Excise Act. 6. In the first information which is submitted by Police Officer attached to the Gadag Rural Police Station, he has stated that on 10.07.2025 when he was in the Police Station, he received credible information about sale of contraband article allegedly ganja by two persons within the limits of Gadag Rural Police Station and on receipt of such information, he along with his staff and panchas had raided the alleged spot and had apprehended accused Nos.1 and 2 and from the - 5 - HC-KAR NC: 2025:KHC-D:10720 CRL.P No. 103224 of 2025 C/W CRL.P No. 103205 of 2025 possession of accused No.1, 444 grams of contraband article allegedly ganja was recovered and from the possession of accused No.2, 857 grams of contraband article allegedly ganja was recovered. Seized contraband articles included the stem, leaves, flower and other parts of the ganja plant. The contraband articles recovered were subjected to panchanama and on the spot sample was drawn and separately marked. During the course of interrogation, accused Nos.1 and 2 allegedly had confessed that accused Nos.3 and 4 had supplied the contraband article to them. 7. On 11.07.2025, accused No.3 was arrested and from her possession, 263 grams of contraband article allegedly ganja was recovered and was subjected to a separate panchanama. Seizure of contraband article is individually from the person of the accused and from all the accused only small quantity of contraband article allegedly ganja was recovered. Accused Nos.1 and 2 undisputedly do not have any criminal antecedent. Accused No.3 who is a lady aged about 35 years, is said to have been involved in five other cases registered for offences under the provisions of Karnataka Excise Act. - 6 - HC-KAR NC: 2025:KHC-D:10720 CRL.P No. 103224 of 2025 C/W CRL.P No. 103205 of 2025 However, no case is registered against her for the offences punishable under the NDPS Act. Since the contraband articles seized from the possession of the petitioners is of small quantity, I am of the opinion that their prayer for regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Petitions are allowed. Petitioners are directed to be enlarged on bail in Crime No.148 of 2025 registered by Gadag Rural Police Station, Gadag District for offence punishable under Section 20(b) of the NDPS Act, subject to the following conditions: i. The petitioners 3 accused Nos.1 to 3 shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioners are directed to appear before the concerned Station House Officer on the second Sunday of every month, between 10:00 a.m. and 01:00 p.m. and mark their attendance till the investigation is completed and final report is filed; iii. The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the - 7 - HC-KAR NC: 2025:KHC-D:10720 CRL.P No. 103224 of 2025 C/W CRL.P No. 103205 of 2025 Trial Court exempts their appearance for valid reasons; iv. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; v. The petitioners shall not involve in similar offences in future; vi. The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 28