- 1 - HC-KAR NC: 2025:KHC:27877 CRL.P No. 8068 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8068 OF 2025 BETWEEN: SMT DEEPANJALI BEHERA D/O. JAIMUNI KUMBARA AGED ABOUT 21 YEARS R/AT JAIMUNI KUMBARA DUNGIYAMUNDA VILLAGE CHANTRANGA PANCHAYATH HARABHANDA THANA BHOUDHA DISTRICT ODISSA - 762 020. …PETITIONER (BY SRI MANJUNATHA NAIK, ADV.) AND: THE STATE OF KARNATAKA INSPECTOR OF EXCISE KARNATAKA EXCISE DEPARTMENT RAJAJINAGAR RANGE (BUD-04) SUBDIV-07, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU. …RESPONDENT (BY SRIRANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.43/2024-25 OF INSPECTOR OF POLICE, RAJAJINAGAR RANGE, REGISTERED FOR THE ALLEGED OFFENCES P/U/S 20(b), (ii), (B), 8(c) of NDPS ACT, PENDING ON THE FILE OF HONBLE IN THE COURT OF THE XXXIV ADDL.DISTRICT CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS), BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27877 CRL.P No. 8068 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.43/2024-25/3902IE/390205 registered by Inspector of Excise Department, Rajaji Nagar range, Bengaluru for the offences punishable under Sections 20(b)(ii)(B) and 8(c ) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is before this Court in this successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), seeking regular bail. 2. Heard learned counsel for the parties. 3. It is the case of the prosecution that on 22.05.2025 at 4.00 p.m., the petitioner herein who was moving suspiciously was enquired by the first informant and his staff and it was found that the petitioner was carrying contraband article allegedly ganja totally weighing 8 kg and it is under these circumstances, FIR was - 3 - HC-KAR NC: 2025:KHC:27877 CRL.P No. 8068 of 2025 registered against the petitioner and the contraband article, which she was carrying was recovered under the panchanama. Subsequently, petitioner was produced before the jurisdictional Court and remanded to judicial custody on the same day. Her bail application filed before the jurisdictional Sessions Court in Crl.Misc. No.4429/2025 was rejected on 04.06.2025 therefore, she is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is a lady, aged about 21 years having no criminal antecedent. Till date, charge sheet is not filed therefore petitioner is entitled for statutory bail. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submissions made by the learned counsel for the petitioner. 6. According to the prosecution, the seized contraband article allegedly ganja totally weighed 8 kgs - 4 - HC-KAR NC: 2025:KHC:27877 CRL.P No. 8068 of 2025 and therefore, the same is of intermediate quantity as per the relevant Notifications issued under the provisions of the NDPS Act. The maximum punishment for the said offences is imprisonment for a period of 10 years and therefore, the time limit for filing the charge sheet is 60 days from the date of remand of the petitioner to the judicial custody. 7. Undisputedly, though the statutory period of 60 days has expired as on this date, charge sheet is not filed therefore, in view of Section 187(3) of BNSS, 2023, the petitioner is entitled for statutory bail. 8. Accordingly, the following; (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.43/2024-25/3902IE/390205 registered by Inspector of Excise Department, Rajaji Nagar range, Bengaluru for the offences punishable under Sections 20(b)(ii)(B) and 8(c ) of NDPS Act, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:27877 CRL.P No. 8068 of 2025 (a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties (in which one is local surety) for the likesum, to the satisfaction of the jurisdictional Court; (b) 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; (c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future; (e) 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 VBS