- 1 - NC: 2025:KHC-D:1065 CRL.P No. 103240 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103240 OF 2024 [438(CR.PC)/482(BNSS)] BETWEEN: DAULA @ S. DAULA S/O. LATE MABUB BASHA, AGE: 43 YEARS, OCC. LABOURER, R/O. 1ST CROSS, NEAR CHIKEN SHOP, SAI COLONY, GUGGARA, BALLARI DISTRICT-583201. … PETITIONER (BY SRI ANWAR BASHA B, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH CEN P.S.BALLARI) R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580007. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN SPL. CASE NO.849/2024 IN CONNECTION WITH CR.NO.44/2024 REGISTERED IN CEN POLICE STATION BALLARI, FOR THE OFFENCES U/S.20(b) (ii) (B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985 PENDING INVESTIGATION OF THE CASE BEFORE PRL. DISTRICT AND SESSIONS COURT AND SPECIAL COURT BALLARI, IN THE INTEREST OF JUSTICE. MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.22 14:39:12 +0530 - 2 - NC: 2025:KHC-D:1065 CRL.P No. 103240 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition for anticipatory bail is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) by accused no.4 (petitioner) in Crime no.44/2024 registered by Ballari CEN Police Station, for offence punishable under Section 20 (b) (ii) (B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’). 2. Sri Anwar Basha B., learned counsel for petitioner submitted, petitioner was a labourer aged about 42 years, law abiding citizen, owning both movable and immovable properties and permanent resident of Guggra in Ballari. And that he had not committed or involved in any offences, muchless one alleged in Crime no.44/2024 for offence punishable under Section 20 (b) (ii) (B) of NDPS Act. Despite not possessing or found selling any narcotic substances, he was falsely implicated. In complaint, it was stated by Vali - 3 - NC: 2025:KHC-D:1065 CRL.P No. 103240 of 2024 Basha, Police Sub-Inspector of Ballari CEN Crime Police Station (complainant), that he received credible information about illegal storage and sale of Ganja to public at a house in Roopanagudi. Immediately after intimating his superior officer, he went to spot at about 2:00 p.m. along with panchas and police and conducted raid. Same led to seizure of narcotic substances (Ganja) of 19 Kgs. 100 grams, worth Rs.19,10,000/- from accused. Based on same, Crime no.44/2024 was registered against accused no.1 to 3 for above mentioned offence. It was submitted, though petitioner was not arrayed as accused in FIR, he was shown as accused no.4 in Remand Application, along with two others as accused no.5 and 6, but without any specific overt acts alleged against them. 3. However, after investigation charge-sheet was filed only against three other accused and petitioner as accused no.4, without disclosing any reasons for inclusion of petitioner or omission of accused no.5 and 6. Strangely, they were not even shown as witnesses. It was submitted there was no recovery at instance of petitioner nor specific - 4 - NC: 2025:KHC-D:1065 CRL.P No. 103240 of 2024 allegations about involvement in possessing or selling of narcotic substances (Ganja). 4. It was submitted, accused no.1 to 3 had already secured bail. Therefore, on ground of parity petitioner was entitled for bail. It was submitted, since charge-sheet was already filed and investigation completed, presence of petitioner for custodial interrogation was unnecessary. Further, though petitioner was alleged to have more than 20 criminal antecedents, he was already acquitted in all others but present and two others. Therefore, large number of criminal antecedents would not be sufficient to deny bail. On above grounds sought for allowing petition. 5. On other hand, Sri Jairam Siddi, learned HCGP for respondent opposed petition. It was submitted, on receipt of credible information, complainant went to spot and found accused no.1 to 3 possessed and were selling Ganja. Raid conducted yielded 19 Kgs. 100 grams, worth of Rs.19,10,000/- of Ganja. Though, information received was about three accused illegally storing and selling Ganja, based - 5 - NC: 2025:KHC-D:1065 CRL.P No. 103240 of 2024 on material collected during investigation petitioner was arrayed as accused no.4. 6. It was submitted though quantity seized was not commercial quantity, but was more than small quantity, i.e. intermediate quantity. Besides, petitioner was involved in 20 such cases earlier, indicating that if granted, anticipatory bail, there was every possibility that he would commit similar offences. On above grounds sought for rejection of bail. 7. Heard learned counsel and perused available material on record. 8. From above, point that arises for consideration is: “Whether petitioner is entitled for anticipatory bail with conditions?” 9. This petition is for anticipatory bail by accused no.4 in Crime no.44/2024 for offence as alleged above. As per prosecution, on receipt of information when raid/search was conducted on premises of accused no.3, they recovered 19 Kgs. 100 grams of Ganja worth Rs.19,10,000/- from accused 1 to 3, which in their statements recorded under - 6 - NC: 2025:KHC-D:1065 CRL.P No. 103240 of 2024 Section 180 of BNSS, they stated it belonged to petitioner, therefore he was guilty of offence under provisions of NDPS Act and therefore arraigned. 10. Indeed, mere possession and sale of Ganja would constitute offences under provisions of NDPS Act. Prima facie consideration of material gathered until now does not appear to include any material directly implicating petitioner, except statements of co-accused, which by itself cannot form basis for conviction. Whether petitioner is guilty of offences as alleged would be matter for evidence/trial, at this stage, lack of any direct incriminating material implicating petitioner would weighs in his favour. 11. Though contention about existence of 20 criminal antecedents against petitioner is urged, same is without providing particulars. In any case, there is no denial or dispute about assertion by petitioner that he is acquitted in all but present and two others. Hon'ble Supreme Court in Prabhakar Tewari v. State of Uttar Pradesh, reported in 2020 (11) SCC 648, has held denial of bail only on ground of criminal antecedents as unjustified. - 7 - NC: 2025:KHC-D:1065 CRL.P No. 103240 of 2024 12. As charge-sheet is already filed and until convicted, all accused would be deemed innocent, concerns of prosecution could be addressed by imposing appropriate conditions, as it is held by Hon’ble Supreme Court, purpose of bail is not to punish undertrial, but to ensure that he attends trial. Thus, point for consideration is answered in affirmative. Hence, following: ORDER Petition is allowed. It is ordered that petitioner/accused no.4 shall be enlarged on bail, in case of his arrest in Crime no.44/2024 of Ballari CEN Crime Police Station for offence punishable under Section 20 (b) (ii) (B) of NDPS Act, subject to following conditions: a) Petitioner shall appear before Principal District, Sessions and Special Judge, Ballari, within 15 days from date of this order and execute personal bond for sum of Rs.1,00,000/- with two sureties for likesum to satisfaction of Court. b) He shall appear before Investigating Officer for purpose of investigation as and when required and co-operate with investigation. c) He shall attend Court proceedings regularly. - 8 - NC: 2025:KHC-D:1065 CRL.P No. 103240 of 2024 d) He shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. e) He shall not leave jurisdiction of above Court without prior permission, until completion of trial. f) He shall not indulge in any criminal activities. g) It is clarified that all observations herein are prima facie and not bind trial Court. SD/- (RAVI V.HOSMANI) JUDGE EM/GRD LIST NO.: 1 SL NO.: 11