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2025 DAILYLAW 82067 (KAR)

THOUSIF AHAMAD v. STATE BY RAMANAGARA RURAL POLICE

CRL.P/13339/2025 · 2025-10-30

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43433 CRL.P No. 13339 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13339 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. THOUSIF AHAMAD S/O NAWAJ AHAMAD @ NAWAJ JAN AGE ABOUT 45 YEARS R/AT No. 155, BEEDI COLONY CHIKKAMANDYA KEREANGALA MANDYA TOWN AND DISTRICT – 571 402. …PETITIONER (BY SRI. MADHU E.K FOR SRI MANJUNATH B R, ADVOCATES) AND: 1. STATE BY RAMANAGARA RURAL POLICE RAMANAGARA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.198/2025 OF RAMANAGARA RURAL P.S. REGISTERED RURAL P.S. REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 22(b)ii(B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 PENDING ON Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43433 CRL.P No. 13339 of 2025 THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT RAMANAGARA. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of Bharatiya nagarika Suraksha Sanhita, 2023 praying to grant bail in Crime No.198 of 2025 of Ramanagara Rural Police Station registered for the offences punishable under Section 20(b)(ii)B of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent - State. 3. The learned counsel for the petitioner would contend that, the quantity of contraband seized from the possession of the petitioner is intermittent quantity. The investigation is over. Charge sheet has been filed. The petitioner is in judicial custody since 05.08.2025, and - 3 - HC-KAR NC: 2025:KHC:43433 CRL.P No. 13339 of 2025 therefore the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that the petitioner is also involved in another case in Crime No.91 of 2025 of Ramanagara Rural Police Station, and in that case, he has been granted bail by order dated 25.04.2025. The petitioner is having criminal antecedent. If the petitioner is granted bail, there are chances of he again committing similar offence. The offence alleged against the petitioner is punishable with imprisonment for 10 years. With this, she prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. The case of the prosecution is that, on 05.08.2025 at 12.00 noon, when the complainant was in - 4 - HC-KAR NC: 2025:KHC:43433 CRL.P No. 13339 of 2025 his office, he received a credible information, and thereafter, he along with the panchas went to the spot and conducted raid and found one person holding white colour plastic bag, and also holding one bundle in his hand. The said person disclosed his name. Upon search, they found three bundles consisting of ganja and weight of the said ganja bundles was totally 3 kg 201 grams. The said contraband has been seized under mahazar. 7. The petitioner is also involved in another case in Crime No.91 of 2025 of Ramanagara Rural Police Station for committing similar offence. He was granted bail in the said crime by order dated 25.04.2025. Immediately within four months, the petitioner is again involved in committing similar offence of dealing in ganja. If the petitioner is again granted bail, there are chances of committing similar offence. The offence alleged against the petitioner is punishable with imprisonment for 10 years. - 5 - HC-KAR NC: 2025:KHC:43433 CRL.P No. 13339 of 2025 8. Considering all these aspects, the petitioner has not made out a case for grant of bail. In the result, the following: ORDER The petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 5