- 1 - NC: 2025:KHC-D:6753 CRL.P No. 101614 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101614 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MARIA ALEX @ VICKY S/O. LAWRENCE RATNAM, AGE: 29 YEARS, OCC. PRIVATE WORK, R/O. MANTUR ROAD, HUBBALLI, PIN CODE NO.-580020. …PETITIONER (BY SRI. VASANT G. HOLEYANNAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, BY PI HUBBALLI-DHARWAD CEN POLICE STATION, HUBBALLI, PIN CODE-580020. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL IN HUBBALLI-DHARWAD CEN POLICE STATION CRIME NO. 51/2024 I.E NOW IN NDPS CC NO 10/2024 FOR THE OFFENCE UNDER SECTIONS 20(b) (ii) (B) OF NDPS ACT WHICH IS PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD BY ALLOWING THIS APPLICATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.24 14:36:55 +0530 - 2 - NC: 2025:KHC-D:6753 CRL.P No. 101614 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Vasant G. Holeyannavar, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for the State/respondent. 2. Present petitioner is accused No.2 in respect of a case registered by CEN Crime Police Station, Hubballi Dharwad City, for the offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter ‘NDPS’ for short). Seized ganja is to the tune of 5 kg. 45 grams which is an intermediary quantity. 3. After thorough investigation, charge sheet came to be filed. Accused is in custody since 06.01.2025. 4. Taking note of the fact that embargo under Section 37 of NDPS Act cannot be invoked in the case on hand, having regard to the seized ganja is intermediary quantity, continuation of the accused/petitioner in the - 3 - NC: 2025:KHC-D:6753 CRL.P No. 101614 of 2025 judicial custody is no longer warranted as he has cooperated in the investigation. 5. Further, there is no criminal antecedent to the petitioner. Moreover, accused No.1 has been granted bail by the learned Trial Judge. Apprehension of the prosecution can be met with by imposing suitable conditions. 6. Taking note of these aspects of the matter, following: ORDER i. Petition is allowed. ii. Petitioner is directed to be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. iii. Petitioner shall attend the Court regularly. iv. Petitioner shall repeat similar offence. v. Petitioner shall not tamper the prosecution witnesses in any manner. - 4 - NC: 2025:KHC-D:6753 CRL.P No. 101614 of 2025 vi. Petitioner shall mark his attendance before the Investigation Officer on every third Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. vii. Petitioner shall not leave the jurisdiction of Dharwad District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE KAV LIST NO.: 1 SL NO.: 14