- 1 - HC-KAR NC: 2025:KHC:37444 CRL.P No. 11948 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11948 OF 2025 BETWEEN: 1. AZAD MIYA S/O SMIDA MIYA, AGED ABOUT 40 YEARS, OCC: COOLIE, R/O DWAYI BAZAR, HARASIDDI, EAST CHAMPARAN, BIHAR STATE-845 422. 2. ABDUL ALAM S/O SURFULLA MIYA, AGED ABOUT 31 YEARS, OCC: COOLIE, R/O GRAM CHAWLA, KURIYA POST, BANJARIYA, EAST CHAMPARAN, MOTHIHARI, BIHAR STATE-845 401. …PETITIONERS (BY SRI. RAVINDRA B.DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY CHIKKAMAGALURU RURAL POLICE STATION, CHIKKAMAGALURU SUB-DIVISION, CHIKKAMAGALURU-577 101 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001) …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37444 CRL.P No. 11948 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.233/2025 OF CHIKKAMAGALURU RURAL POLICE STATION, CHIKKAMAGALURU (REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 20(a)(i) OF NDPS ACT 1985, NOW PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS COURT, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners/accused Nos.1 and 2 are seeking to enlarge them on regular bail in Cr.No.233/2025 of Chikkamagaluru Rural Police Station, Chikkamagaluru, registered for the offence punishable under Section 20(a)(i) of NDPS, Act, 1985. 2. Heard both sides and perused the material on record. 3. A suo moto complaint is lodged by the PSI of Rural Police Station, Chikkamagaluru, alleging that a credible information was received on 1.7.2025 at about - 3 - HC-KAR NC: 2025:KHC:37444 CRL.P No. 11948 of 2025 11.30 a.m. that the accused have grown a ganja plant in front of the room where they are residing, as such along with panchas, the police went to the spot, situated behind Illahi Coffee Curing, Suranahalli village, Chikkamagaluru and apprehended both the accused. The ganja plant which was found grown in front of their room, weighing about 1 Kg. 449 grams including the stem, root, leaves etc., was seized under a mahazar. 4. The learned counsel contended that the petitioners are innocent of the alleged offence and they have not grown ganja plant as alleged. He submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by the Court. 5. The learned High Court Government Pleader has contended that investigation is not yet completed and therefore, if the petitioners are granted bail they may flee from justice, as they are not local residents. - 4 - HC-KAR NC: 2025:KHC:37444 CRL.P No. 11948 of 2025 6. It is not the case of prosecution that petitioners were seen growing the ganja plant in front of their room, from where it was seized. Merely because they are residing in the room in front of which the ganja plant was found to have been grown by itself is not a ground, at this stage, to hold that they have grown the ganja plant. Except the voluntary statement, there is no other material at this stage to implicate the petitioners. The prosecution has to establish its case in a full-fledged trial. Petitioners have undertaken to furnish local sureties. Hence, by imposing conditions, the relief sought by them can be granted. Accordingly, the following: ORDER I. Petition is allowed. II. Petitioners/accused Nos.1 and 2 in Crime No.233/2025 of Chikkamagaluru Rural Police Station, Chikkamagaluru, shall be enlarged on bail, subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:37444 CRL.P No. 11948 of 2025 1. They shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with two sureties, out of which, one shall be a local surety, to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall abstain from engaging in any unlawful activity or committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above conditions shall result in cancellation of the bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 46