- 1 - HC-KAR NC: 2025:KHC-D:10209 CRL.P No. 103009 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103009 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI PRATHAMESH S/O MAHESH KANABARKAR, AGE. 21 YEARS, OCC. PRIVATE SERVICE, R/O. GANESHPUR GALLI, SHAHAPUR, BELAGAVI, PIN-590 004. … PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SHAHAPUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. … 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 GRANT A BAIL TO THE PETITIONER/ACCUSED NO.1 OF SHAHAPUR POLICE STATION IN CRIME NO.69/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(B)(II)(B) OF NDPS ACT WHICH IS PENDING BEFORE II ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10209 CRL.P No. 103009 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.69/2025 registered by Shahapur Police Station, Belagavi City for offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.69/2025 was registered by Shahapur Police Station, Belagavi City for the aforesaid offences against the petitioner and another based on the first information dated 26.06.2025 received from Manikanth Poojari, Police Officer attached to Shahapur Police Station, Belagavi. Petitioner was arrested on 26.06.2025 and was subsequently remanded to judicial custody. His bail application filed before the Trial Court in Criminal Miscellaneous No.843/2025 was rejected on 17.07.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:10209 CRL.P No. 103009 of 2025 4. Material on record would go to show that based on credible information received on 26.06.2025 a raid was conducted to the alleged spot where accused Nos.1 and 2 were making attempts to sell contraband article to public and from their possession, contraband article ganja was seized. According to the prosecution, the total weight of the contraband article is 1115 grams. The same is little more than small quantity. In the seizure mahazar itself it is stated that seized contraband article is wet and therefore, there is likelihood of change in the weight of the contraband article. It is also mentioned that seized contraband article includes leaves, seeds, stem, flower and other parts of the ganja plant. Therefore, the question would arises whether seized contraband article can be considered as ganja within the meaning of Section 2(iii)(b) of the NDPS Act. Undisputedly, petitioner has no criminal antecedent. He is aged about 21 years and is in custody from 26.06.2025. Major portion of investigation is completed. Under these circumstances, I am of the opinion - 4 - HC-KAR NC: 2025:KHC-D:10209 CRL.P No. 103009 of 2025 that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in Crime No.69/2025 registered by Shahapur Police Station, Belagavi City for offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions: i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 5 - HC-KAR NC: 2025:KHC-D:10209 CRL.P No. 103009 of 2025 iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future. v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 24