- 1 - HC-KAR NC: 2025:KHC:31328 CRL.P No. 9353 of 2025 C/W CRL.P No. 8695 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.9353 OF 2025 C/W CRIMINAL PETITION NO.8695 OF 2025 IN CRL.P NO.9353/2025: BETWEEN: 1. SRI. GURU PRASAD S. @ GURU S/O SRI SHIVANNA, AGED ABOUT 29 YEARS, R/AT NO.965, 8TH CROSS, RAMAKRISHNA NAGAR, P AND F BLOCK, MYSURU-570023 AND ALSO R/AT NO.623, 6TH MAIN, SHIVAJI MAHARAJ ROAD, BHAVANINAGAR, GOVIPURAM EXTENSION, BENGALURU-560019 …PETITIONER (BY SRI. R.B. SADASIVAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHENNAMMANAKERE ACHUKATTU POLICE STATION, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31328 CRL.P No. 9353 of 2025 C/W CRL.P No. 8695 of 2025 AMBEDKAR VEEDHI, BENGALURU-560001 …RESPONDENT (BY SRI. RANGASWAMY R., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE ABOVE PETITION AND BE PLEASE TO GRANT REGULAR BAIL AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.45/2025 REGISTERED BY THE RESPONDENT POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 20(b), 8(c), 22(C) OF THE NDPS ACT, PENDING ON THE FILE OF THE 34th ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, NDPS, BENGALURU (CCH-35). IN CRL.P NO.8695/2025: BETWEEN: 1. SRI. DHANANJAYA G @ RAJU ALIAS MULTY AGED ABOUT 27 YEARS, S/O LATE VENKATESH, R/AT DOOR NO.14, KAVERI NAGAR, 2ND CROSS, 2ND MAIN, KATRIGUPPE, BENGALURU-560085. ...PETITIONER (BY SRI. NANDAKUMAR T.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY HCGP/SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001. ...RESPONDENT (BY SRI. RANGASWAMY R., HCGP) - 3 - HC-KAR NC: 2025:KHC:31328 CRL.P No. 9353 of 2025 C/W CRL.P No. 8695 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (U/S 483 OF BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.45/2025, REGISTERED BY CHANNAMMANAKERE ACCHUKATTU POLICE STATION, PUNISHABLE UNDERS SECTION 8(c), 22(b), AND 22(c) OF THE NDPS ACT 1985, WHICH IS PENDING BEFORE THE XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES AT BENGALURU (CCH-35). THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Criminal Petition No.9353/2025 is preferred by accused No.2 and Criminal Petition No.8695/2025 is preferred by accused No.1. 2. Heard both sides in respective petitions and perused the material on record. 3. Both the petitions arise out of Cr. No.45/2025 of Channamanakere Achukattu Police Station registered for the offence punishable under Section 20(b), 8(c) and 22(c) of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter referred as ‘NDPS Act’). - 4 - HC-KAR NC: 2025:KHC:31328 CRL.P No. 9353 of 2025 C/W CRL.P No. 8695 of 2025 4. Petitioners have preferred these petitions seeking to enlarge them on bail in respective petitions. 5. FIR is registered against one Dhananjaya.G (Accused No.1 as per Charge Sheet), on a suo moto complaint lodged by the PSI of Channamanakere Achukattu Police Station. Perusal of the complaint averments which reveal that on a credible information received on 11.03.2025 at about 3.55 p.m., that a person wearing black shirt sitting in a Honda City Car parked near the playground situated in Ramaram Layout parking area, Katriguppe, is trying to sell MDMA and Ganja to the public, the complainant along with his staff and panchas went to the spot and apprehended the said accused and seized 55.20 gms of MDMA, small electric weighing machine, 40 small plastic covers, 1 kg 905 grams of Ganja, 6 small plastic covers, 7 rolled papers, plastic cover, mobile phone and a Honda City Car bearing registration number KA-04- Z-7656. The said accused was arrested. - 5 - HC-KAR NC: 2025:KHC:31328 CRL.P No. 9353 of 2025 C/W CRL.P No. 8695 of 2025 6. It is the case of prosecution that on the voluntary statement given by accused Dhananjaya, a raid was conducted and accused No.2 was apprehended and at his instance, 5 kg 230 grams of Ganja concealed in a polythene bag was seized which was kept below a bridge in the vacant land situated by the side of NICE road. 7. Learned HCGP contended that Charge Sheet has been filed in this case. 8. The learned counsel appearing for petitioner/accused in Crl.P.No.8695/2025 submits that in view of filing of Charge Sheet, he may be permitted to withdraw the petition, with liberty to the petitioner to approach the Sessions Court afresh. 9. Sofaras the petitioner/accused No.2 in Crl.P.No.9353/2025 is concerned, the allegations are that 5 kg 230 grams of Ganja was recovered at his instance. The said seizure is from open space situated by the side of NICE road. Ganja seized is not a commercial quantity. - 6 - HC-KAR NC: 2025:KHC:31328 CRL.P No. 9353 of 2025 C/W CRL.P No. 8695 of 2025 10. This Court in Crl.P.No.6324/2025 has granted bail to accused No.3 from whose possession 980 grams of Ganja was allegedly seized. Petitioner has no criminal antecedents. The prosecution has to establish its case against him in a full-fledged trial. He was arrested on 14.03.2025. Investigation is completed and Charge Sheet is filed. Hence by imposing conditions, accused No.2 can be enlarged on bail. Accordingly, the following: ORDER 1. Criminal Petition No.8695/2025 is dismissed as withdrawn, reserving liberty to the petitioner to file a fresh petition in the Sessions Court. 2. Criminal Petition No.9353/2025 is allowed. 3. Petitioner/accused No.2 (As per Charge Sheet) shall be enlarged on bail in Cr.No.45/2025 of Channamanakere Achukattu Police Station, Bengaluru, subject to following conditions: a) He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty - 7 - HC-KAR NC: 2025:KHC:31328 CRL.P No. 9353 of 2025 C/W CRL.P No. 8695 of 2025 thousand only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. c) He shall not directly or indirectly tamper with the prosecution witnesses. d) He shall not indulge himself in committing any offence. e) He shall appear before the Trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE RHS List No.: 1 Sl No.: 64