- 1 - HC-KAR NC: 2025:KHC:30115 CRL.P No. 10212 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10212 OF 2025 BETWEEN: SRI. JAKIR, S/O IMAM SAB, AGED ABOUT 53 YEARS, R/AT SANTHEBENNURU VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. …PETITIONER (BY SRI. B.N. SUNIL KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA BY SANTHEBENNURU POLICE STATION, SANTHEBENNURU, REP. BY S.P.P., HIGH COURT BUILDING COMPLEX, AMBEDKAR VEEDHI, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND J.M.F.C. COURT, CHANNAGIRI, DAVANAGERE DISTRICT, IN CRIME NO.108/2025 BEFORE THE SANTHEBENNUR P.S FOR THE ALLEGED OFFENCES Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30115 CRL.P No. 10212 of 2025 PUNISHABLE UNDER SECTIONS 20(b), 20(a) OF NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES ACT, 1985. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is arraigned as an accused in Crime No.108/2025 of Santhebennur Police Station, Davanagere, registered for the offence punishable under Section 20(b) and 20(a) of NDPS Act, 1985. 3. This petition is preferred under Section 483 of BNSS, 2023 to enlarge the petitioner on bail. 4. The police constable of Santhebennur Police Station, lodged a complaint alleging that on 22.06.2025 at 3.00 p.m., he received a credible information that the - 3 - HC-KAR NC: 2025:KHC:30115 CRL.P No. 10212 of 2025 accused by name Jakir S/o Imam Hussain, aged 53 years has stored ganja in the mango plantation, taken on lease by him from Gulleppa and Hanumanthappa. Based on the said information, aforementioned crime was registered against the accused. The accused is alleged to have led the police and panchas to the mango plantation, from where 1 kg 148 grams of dried ganja worth Rs.1,20,000/- was seized. 5. It is the case of prosecution that the accused has illegally stocked the ganja in the mango plantation of one Gulleppa and Hanumanthappa, situated at Ajjikyatanahalli Village Road, for the purpose of illegal sale of ganja at Kullenur Village. 6. Learned High Court Government Pleader has contended that at the instance of the accused a plastic bag which was concealed in a bush in the mango plantation was seized, in which there was dry ganja in three plastic covers. The said ganja has been seized under a mahazar, - 4 - HC-KAR NC: 2025:KHC:30115 CRL.P No. 10212 of 2025 in the presence of panchas and therefore, there is a prima facie case against the petitioner. 7. Learned counsel for petitioner has contended that the Police were aware about the alleged ganja concealed in the land even prior to its seizure and therefore, it cannot be said that the ganja was seized at the instance of the petitioner or that he had knowledge about the ganja concealed in the mango plantation. He further contended that there is no documents collected to show that the petitioner had taken the land on lease from Hanumanthappa or Gulleppa. He contended that the seized ganja is not a commercial quantity and therefore, the petitioner may be enlarged on bail by imposing conditions. 8. Admittedly, the land from where the ganja was allegedly seized does not belong to the petitioner. According to prosecution he had taken the said land on lease for cultivation of mango trees, from Hanumanthappa - 5 - HC-KAR NC: 2025:KHC:30115 CRL.P No. 10212 of 2025 and Gulleppa. As per the statement of Hanumanthappa, he has given the land to the accused for lease for two years but there is no documents executed in that regard. The ganja seized is an intermediate quantity. Hence, Section 37 of NDPS Act is not applicable to the case on hand. Petitioner is said to be an agriculturist. He is arrested and interrogated and not required for further interrogation/investigation. Hence, the relief sought can be granted by imposing conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused in Crime No.108/2025 of Santhebennur Police Station, Davanagere, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:30115 CRL.P No. 10212 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 62