- 1 - NC: 2025:KHC-D:608 CRL.P No. 103494 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103494 OF 2024 (439(CR.PC)/483(BNSS)) BETWEEN: BOYA AMPANNA S/O. BOYA MAREPPA, AGE: 60 YEARS, OCC: COOLIE, R/O. BC COLONY RANGACHEDU VILLAGE, GHUMMAGHATTA MANGALAM RAYADURGA TQ, ANATPURA DIST, ANDRAPRADESH-515867. … PETITIONER (BY SRI ANWAR BASHA B., ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH COWL BAZAR PS BALLARI) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATATKA, AT DHARWAD-580001. … RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ACCUSED NO.2 ON BAIL IN SPL. CASE NO. 279/2024 IN CONNECTION WITH CR.NO. 165/2023 REGISTERED IN COWL BAZAR PS BALLARI FOR THE OFFENCES U/SEC. 20 (B), II (B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985 PENDING ON THE FILE OF PRL.DIST AND SESSIONS SPL. JUDGE BALLARI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.18 10:23:49 +0530 - 2 - NC: 2025:KHC-D:608 CRL.P No. 103494 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 439 of Criminal Procedure Code (for short, ‘CrPC’) by accused no.2 (petitioner), for grant of regular bail in Crime no.165/2023 by Cowl Bazar Police Station, Ballari for offences 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 case of prosecution was that at about 3:15 p.m. on 01.09.2023, Police Sub-Inspector of Cowl Bazar Police Station, Ballari (complainant) received credible information about accused no.1 illegally storing and selling Ganja to public at Eidga Mydana, Ballari. On said information, complainant informed his superior officers, took permission and went along with sub-ordinate officials/panchas to Eidga Mydana. On search, they found narcotic substances weighing 2 Kg. 50 gms. On enquiry, accused no.1 revealed that he purchased Ganja from petitioner without permission for sale. Since same was punishable offence, Crime no.165/2023 was registered by Cowl Bazar Police Station, Ballari for offence punishable under Section 20 (b), (ii) (B) of NDPS Act, - 3 - NC: 2025:KHC-D:608 CRL.P No. 103494 of 2024 3. It was submitted, there were no specific allegations against petitioner except voluntary statement of accused no.1. It was submitted, seizure of narcotic substance was at hands of accused no.1, but there was no seizure from petitioner. It was submitted, petitioner was innocent and law abiding citizen. He was falsely implicated. There were neither any allegation of possession or involvement of petitioner and recovery was at instance of accused no.1 or recovery of Ganja from his possession. Further, while FIR mentioned total quantity of Ganja was recovered at 2 Kg. 50 gms., exact quantity of narcotic substance was not quantified. 4. It was further submitted, more than 20 witnesses are mentioned in charge-sheet and completion of trial is likely to be delayed. And as investigation was completed, petitioner was not required for any further interrogation. It was submitted, since his arrest on 15.07.2024, petitioner was in judicial custody. Moreover, he was aged 60 years, without any criminal antecedents, which fortified his claim for grant of bail on any conditions, which he would abide. 5. On other hand, Sri Jairam Siddi, learned HCGP for respondent - State opposed petition. It was submitted, on 01.09.2023 based on credible information that accused no.1 - 4 - NC: 2025:KHC-D:608 CRL.P No. 103494 of 2024 was storing Ganja and selling same to public at Eidga Myadana, Ballari, complainant conducted search of same. Search revealed, accused no.1 possessed 2 kg 50 gms., of narcotic substance. It was submitted, in voluntary statement of accused no.1 he has specifically stated about involvement of petitioner. 6. It was submitted, accused no.1 was a habitual offender, who purchased Ganja from petitioner, for sale indicating common object. It was submitted, if released, petitioner was likely to commit similar offences. And as petitioner was from Andhra Pradesh, he was also likely to flee. On above grounds, sought for rejection of bail. 7. Heard learned counsel and perused available material. 8. From above, point that arises for consideration is: “Whether petitioner is entitled for regular bail with conditions?” 9. Case of prosecution as per charge-sheet filed on 25.11.2023 was that on receipt of reliable information at about 3:15 p.m. on 01.09.2023, complainant (CW-1) informed CW-20 and reached spot at 4:45 p.m., to find that at a public place beside Khabristhan road near Eidga Mydana accused was in - 5 - NC: 2025:KHC-D:608 CRL.P No. 103494 of 2024 illegal possession of Ganja and illegally selling it. Same was witnessed by CWs.2 and 3 in presence of CW-14 - Gazetted Officer, when CWs.6 to 13 conducted raid. At that time, persons who had come to purchase Ganja ran away, but, accused no.1 was caught and 2 Kg 50 gms., of Ganja was seized from him. During investigation, it was found that accused no.1 used to purchase Ganja from petitioner for lower price with intention to sell it. On completion of investigation charge-sheet was filed on 25.11.2023. Subsequently, petitioner was arrested on 15.07.2024. 10. Prima-facie examination of charge-sheet, it reveals accused no.1 was found to be illegal possession and selling Ganja with recovery of 2 Kg 50 gms., of substance (likely be intermediate quantity). It is not case of prosecution that petitioner was present at that place. It appears prosecution has proceeded against petitioner, based on statement of accused no.1 that he purchased Ganja from petitioner. Though, petitioner was arrested, there is no material recovery from him and unlike accused no.1, there is no antecedents against him. 11. Whether petitioner was involved in illegal possession and sale of Ganja to be established during trial. Until conviction petitioner would be presumed innocent. Hon'ble - 6 - NC: 2025:KHC-D:608 CRL.P No. 103494 of 2024 Supreme Court in case of Sanjay Chandra v. Central Bureau of Investigation, reported in 2012 (1) SCC 40, held purpose of bail is only to secure presence of petitioner during trial and not as a measure of punishment of under trial. Until convicted, there would be presumption of innocence. There is no prima-facie material to connect petitioner to any offence. Though, accused no.1 has stated that he purchased Ganja from petitioner, same has to be established during trial. Merely on ground that petitioner was from Andhra Pradesh would not by itself substantiate apprehension that he will flee justice and same could be overcome by imposing appropriate conditions. Further, rejection of bail application by learned District Judge was on ground that offence alleged was against whole society, would not be appropriate in above circumstances. Thus, point for consideration is answered in affirmative. 12. Hence, following: ORDER Petition is allowed. Petitioner/accused no.2 is ordered to be released on bail in Crime no.165/2023 of Cowl Bazar Police Station Ballari for offences punishable under Section 20 (b), (ii) (B) of NDPS Act, subject to following conditions: - 7 - NC: 2025:KHC-D:608 CRL.P No. 103494 of 2024 a) Petitioner (accused-2) shall execute a personal bond in a sum of Rs.1,00,000/- with two sureties for likesum to satisfaction of Court. b) He shall make himself available for investigation as and when required and co- operate with investigation, if required. c) He shall not threaten or tamper with any prosecution witnesses either directly or indirectly. d) He shall not indulge in any criminal activities. e) He shall be regular in attending Court proceedings. f) He shall forthwith inform any change of residence. g) It is clarified that views expressed are prima facie and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE GRD CT:PA LIST NO.: 1 SL NO.: 7