- 1 - HC-KAR NC: 2025:KHC:35440 CRL.P No. 6442 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6442 OF 2025 BETWEEN: MR. MUHAMMED HASSAN, (AS PER BAIL REJECT COPY) S/O. ABDU, AGED ABOUT 37 YEARS, R/AT. KURUVAPADAM HOUSE, UMMANAZHI PALAKKAD, PULAPATTA VILLAGE, PALAKKAD, KERALA - 678 001. …PETITIONER (BY SMT. SWATHI R. BHAT, ADVOCATE FOR SRI. VISHWAS, ADVOCATE) AND: STATE OF KARNATAKA, BY INSPECTOR OF POLICE, KUNDAPURA RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.80/2024 (SPECIAL CASE NO.1/2025) REGISTERED BY THE KUNDAPURA RURAL POLICE STATION, ON FOR THE OFFENCE P/U/S 27(b), 8(c) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35440 CRL.P No. 6442 of 2025 AND 20(b)(ii)(B) OF NDPS ACT AND SEC. 3(5) OF BNS, 2023 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS COURT, UDUPI DISTRICT, UDUPI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.3 in Crime No.80/2024 of Kundapura Rural Police Station, Udupi, has preferred this petition under Section 483 of the BNSS, 2023 to enlarge him on bail. 2. FIR is registered on a suo-moto complaint lodged by the PSI, (L & O), Kundapura Rural Police Station, Udupi, against accused Nos.1 to 3, for the offence punishable under Section 8(c), 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity NDPS Act). 3. Charge sheet is filed against accused Nos.1 to 10 for the offence punishable under Section 27(b), 8(c), 20(b)(ii)(B) of NDPS Act, 1985 and Section 3(5) of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:35440 CRL.P No. 6442 of 2025 4. It is the case of prosecution that, accused Nos.1 to 10 conspired to transport and sell large quantity of ganja in Kerala. Accused Nos.3, 5 and 6 were involved in the sale of ganja in Kerala. Accused No.3 was acquainted with accused No.4 in Salem jail, who offered to supply ganja. Accused Nos. 1, 2, 7, 8 and 9 traveled to Andhrapradesh to procure ganja from accused No.4. They previously procured 104 kgs of ganja and on one occasion accused No.5 was arrested while transporting 40 kgs of ganja. Thereafter, he had requested accused No.6 to get him released by selling ganja. Accused Nos.3 and 6 provided Rs.40,000/- to accused No.1 to procure ganja from Andhrapradesh and accused No.1 transferred Rs.40,000/- and an additional sum of Rs.14,500/- to the bank account of accused No.4. Accused Nos.1, 7, 8 and 9 bought seven packets of ganja weighing 2kgs each and stored them in the house of accused Nos.1 and 2 and two packets were handed over to accused No.3 by accused Nos.1 and 2, who sold one packet. Unable to contact - 4 - HC-KAR NC: 2025:KHC:35440 CRL.P No. 6442 of 2025 accused No.3, accused No.1 sold the remaining ganja to accused No.10. 5. According to prosecution, on 01.11.2024 at about 02:30 p.m., PSI (L & O) of Kundapura Rural Police Station, received a credible information, based on which a raid was conducted in the house of accused Nos.1 and 2. Five packets of ganja weighing about 8.374 kgs. concealed in a trolley bag in the bed room of the house was seized. It is alleged that accused Nos.1 and 2 were initially arrested and based on the voluntary statement of the said accused, petitioner/accused No.3 was arrested on 04.11.2024, and at his instance 2.380kgs of ganja was recovered. It is seen from the mahazar that 2Kg and 380 grams of ganja is seized from the house of CW.12, and it is alleged that, petitioner was frequently visiting and staying in the said house. 6. Admittedly, the ganja was seized from the house and not from the exclusive possession of the petitioner. The prosecution has to establish that the said - 5 - HC-KAR NC: 2025:KHC:35440 CRL.P No. 6442 of 2025 ganja was stored in the house of CW.12 by petitioner and he was in conscious possession. Ganja allegedly seized from the petitioner is not a commercial quantity. Accused Nos.1 and 2 are enlarged on bail by this Court in Crl.P.No.191/2025 vide order dated 03.02.2025. 7. Learned High Court Government Pleader has contended that the petitioner is a habitual offender, involved in similar other cases. However, it is contended by the learned counsel for petitioner that on the basis of voluntary statements of the co-accused, petitioner has been arraigned as accused and in other cases registered against him under the NDPS Act, he has been enlarged on bail. 8. Petitioner was arrested on 04.11.2024. He has been interrogated and not required for further interrogation. Investigation is completed and charge sheet is filed. Considering the facts and circumstances, by imposing stringent conditions, petitioner can be enlarged on bail, making it clear that if he is involved in criminal - 6 - HC-KAR NC: 2025:KHC:35440 CRL.P No. 6442 of 2025 cases hence forth, he shall not be entitled to further indulgence. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner/accused No.3 in Crime No.80/2024 of Kundapura Rural Police Station, Udupi, pending on the file of Principal District and Sessions Court, Udupi District, Udupi, shall be enlarged on bail, subject to following conditions: 1. He shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties out of which one shall be a local surety, for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall mark his attendance at Kundapura Rural Police Station, - 7 - HC-KAR NC: 2025:KHC:35440 CRL.P No. 6442 of 2025 Udupi on 1st of every month between 10:00 a.m and 01:00 p.m, for a period of six months. 4. He shall not directly or indirectly tamper with the prosecution witnesses. 5. He shall not indulge himself in committing any offence. 6. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 58 CT-SG