- 1 - HC-KAR NC: 2025:KHC-D:11700 CRL.P No. 103252 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103252 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SHRI OMKAR BELAGAONKAR S/O KALAPPA BELAGAONKAR, AGE. 25 YEARS, OCC. PLUMBER, R/AT: LAXMI GALLI, HANGARAGA, TQ. AND DIST. BELAGAVI-591 108. 2. SHRI VAISHNAV BHAKTIKAR S/O PARASHURAM BHAKTIKAR, AGE. 23 YEARS, OCC. PLUMBER, R/AT: MAIN ROAD, TURAMURI, TQ. AND DIST. BELAGAVI-591 128. … PETITIONERS (BY SRI. SURAJ S. MUTNAL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE BELGAUM RURAL POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, PIN-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 PRESENT PETITION AND FURTHER BE PLEASED TO RELEASE THE PETITIONERS/ACCUSED NOS.1 AND 2 ON REGULAR BAIL IN B.R.P.S. CRIME NO.138/2025 FILED II ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI IMPLICATED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 20(B)(II)(B) OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11700 CRL.P No. 103252 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in Crime No.138 of 2025 registered by Belagavi Rural Police Station, Belagavi for offences punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 are before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.138 of 2025 was registered by Belagavi Rural Police Station, Belagavi against the petitioners herein for the aforesaid offences based on the first information dated 26.07.2025 received from Santosh Dalawayi, Police officer attached to Belagavi Rural Police Station, Belagavi. During the course of investigation of the said case, accused Nos.1 and 2 were arrested on 26.07.2025 and subsequently remanded to judicial custody. Their bail application filed before the Jurisdictional Sessions - 3 - HC-KAR NC: 2025:KHC-D:11700 CRL.P No. 103252 of 2025 Court in Crime No.138 of 2025 was rejected on 06.08.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that the seized contraband articles, allegedly ganja, involves leaf, stem, seeds, flower, and other parts of the ganja plant. The quantity of contraband article seized is little more than small quantity. Investigation of the case is almost completed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that as against accused No.1, a criminal case for offence punishable under the provisions of IPC was registered in the year 2018. Investigation in the present case is not completed. Accordingly, she prays to dismiss the petition. 6. In the first information, which was submitted by the police officer, attached to Belagavi Rural Police Station, it is stated that on 26.07.2025, at about 09.00 a.m., when he was on patrolling duty, he received a credible - 4 - HC-KAR NC: 2025:KHC-D:11700 CRL.P No. 103252 of 2025 information that two persons who were travelling in a two wheeler, were transporting contraband article ganja in the vehicle, for the purpose of sale. On receipt of said credible information, he returned to the police station and after reducing the credible information in the station house diary, he informed about the same to his higher officers and thereafter conducted raid and intercepted the motorcycle in which the accused persons were travelling. From their possession, contraband article allegedly ganja totally weighing 1 kg 260 grams which was found in the scooter in which the accused were travelling was seized under a panchanama and thereafter the accused and the contraband article seized were brought to the police station and FIR was registered against them. 7. Undisputedly petitioners do not have any criminal antecedents of similar nature. As against the petitioner No.1, one criminal case was registered in the year 2018 allegedly for offence punishable under Section 326 of IPC. Except the said case, no other criminal cases are registered/ - 5 - HC-KAR NC: 2025:KHC-D:11700 CRL.P No. 103252 of 2025 pending against the petitioners. So far as the present case is concerned, the seized contraband article totally weighs 1 kg 260 grams, which is a little more than the small quantity and it includes flower, seeds, stem and other parts of the ganja plant, and therefore, a doubt arises whether the contraband article seized can be considered as ganja within the meaning of Section 2(iii)(b) of NDPS Act, 1985. Since the contraband article seized in the present case is of intermediate quantity, rigour under Section 37(1)(b) of the NDPS Act is not attracted against the petitioner. Investigation of the case is almost completed. Under the circumstances, I am of the opinion that the prayer made for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioners are directed to be enlarged on bail in Crime No.138 of 2025 registered by Belagavi Rural Police Station, Belagavi for - 6 - HC-KAR NC: 2025:KHC-D:11700 CRL.P No. 103252 of 2025 offences punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions: 1. The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; 3. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioners shall not involve in similar offences in future; - 7 - HC-KAR NC: 2025:KHC-D:11700 CRL.P No. 103252 of 2025 5. 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; 6. The petitioners shall appear before the Station House Officer of Belagavi Rural Police Station on every alternative Sunday between 10 a.m. and 1.00 p.m. and mark their attendance till the investigation is completed and final report is filed against them. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 24