- 1 - HC-KAR NC: 2025:KHC:44106 CRL.P No. 13159 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13159 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. DASTAGIRI S/O ABDUL MUNAF SAB AGED ABOUT 35 YEARS OCC. LORRY DRIVER R/AT 1ST MAIN 3RD CROSS RAJIVGANDHI EXTENSION DAVANGERE – 577 005. …PETITIONER (BY SRI S G RAJENDRA REDDY, ADVOCATE) AND: 1. THE STATE BY GANDHINAGARA POLICE STATION DAVANAGERE, RPTD. BY S.P.P. HIGH COURT BENGALURU – 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, 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.79/2025 OF GANDHINAGARA P.S. DAVANAGERE, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 20(b)(ii)(B), 8(c) AND 25 OF NDPS ACT, 1985 PENDING ON THE FILE OF LEARNED PRL.DISTRICT AND SESSIONS COURT JUDGE AT DAVANAGERE. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44106 CRL.P No. 13159 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 1 under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in crime No. 79/2025 of Gandhinagar Police Station, Davangere registered for offence punishable under Sections 8(C), 20(b)(ii)(B) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the `NDPS Act’). 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that contraband seized is weighing 1.220 Gms and it contains flower, stem, seeds, buds and as per the definition contained in Section 2(iii)(b) of NDPS Act seeds and leaves are to be excluded if they are not accompanied - 3 - HC-KAR NC: 2025:KHC:44106 CRL.P No. 13159 of 2025 by the tops. He submits that if the said definition is taken into consideration, quantity of Ganja seized will come down to a small quantity wherein punishment provided is imprisonment for 1 year. He submits that charge sheet is filed and there are no criminal antecedents of the petitioner. With this he prayed to allow the petition. 4. Per contra learned HCGP would contend that the petitioner is in conscious possession of the contraband seized. The contraband seized is found positive for ganja. The quantity seized is intermittent quantity. If the petitioner is granted bail, there are chances of he committing similar offence. With this, she prayed for dismissal of the petition. 5. Having heard learned counsel for the parties, this Court has perused the materials placed on record. 6. The contraband seized from the possession of the petitioner is 1 KG 220 Gms. Said contraband includes - 4 - HC-KAR NC: 2025:KHC:44106 CRL.P No. 13159 of 2025 flower, buds, stem and seeds. The definition of Ganja as contained in Section 2(iii)(b) reads thus: 2(iii) “Cannabis (hemp)” means (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; 7. Considering the above definition seeds and leaves not accompanied by tops are required to be excluded. If that is considered quantity of Ganja seized may come down to smaller quantity. Punishment provided for possessing smaller quantity of Ganja is imprisonment for one year. As charge sheet is filed, petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects petitioner has made out grounds for grant of bail with conditions. 8. In the result, the following; - 5 - HC-KAR NC: 2025:KHC:44106 CRL.P No. 13159 of 2025 O R D E R Petition is allowed. Petitioner is granted bail in Crime No. 79/2025 of Gandhinagara Police Station, Davanagere registered for offence under Section Sections 8(C), 20(b)(ii)(B) and 25 of NDPS Act subject to following conditions: I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for like sum to the satisfaction of the Trial Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. IV. Petitioner shall not involve in commission of any offence under NDPS Act. If he is found involved in commission of any offence under NDPS Act, the prosecution is at liberty to seek cancellation of bail. - 6 - HC-KAR NC: 2025:KHC:44106 CRL.P No. 13159 of 2025 V. Petitioner shall mark his attendance in the jurisdictional Police Station on first Sunday of every month till disposal of the case registered against him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 26 Ct.sm