- 1 - HC-KAR NC: 2025:KHC:36937 CRL.P No. 12428 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12428 OF 2025 BETWEEN: MOHSIN KHAN S/O. NOWSHIR KHAN, AGED ABOUT 60 YEARS, BUSINESS, R/O. DOOR NO.934/1, 2ND CROSS, BEHIND VIDHYADAYINI SCHOOL, TIPPUNAGAR, HARIHAR TOWN, DAVANAGERE DISTRICT-577 601. …PETITIONER (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: THE STATE OF KARNATAKA THE STATE BY HARIHARA TOWN POLICE STATION, DAVANAGERE DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.144/2025 REGISTERED BY THE RESPONDENT POLICE I.E., HARIHARA TOWN P.S. IN CRIME NO.144/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(B) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36937 CRL.P No. 12428 of 2025 OF NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES ACT, 1985 AGAINST THE PETITIONER, WHICH IS PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. FIR is registered in Crime No.144/2025 of Harihara Town Police Station, Davanagere against accused Nos.1 and 2 for the offence punishable under Section 20(b)(ii)(B) of NDPS act, 1985. 3. This petition is preferred under Section 483 of BNSS, 2023, to enlarge the petitioner/accused No.1 on bail. 4. It is the case of prosecution that on 02.08.2025 at about 12:30 p.m., on receiving a credible information that two persons are involved in selling ganja, the police - 3 - HC-KAR NC: 2025:KHC:36937 CRL.P No. 12428 of 2025 along with Panchas and a Gazetted Officer went near Jodu Basaveshwar Temple, Harihara Town, Davanagere and apprehended accused Nos.1 and 2 and seized 1150 gms of Ganja, digital scale, stapler with pin box, blue colour bag, plastic covers and a Honda Activa bearing registration No.KA–17–EP–3138. 5. As per prosecution, both the accused are indulged in selling ganja to the public. It is alleged that no contraband was found, when the accused were searched but ganja was found concealed beneath the driver’s seat of the scooter. 6. A perusal of the Mahazar shows that seized ganja contained leaves, flower, seeds, buds etc. Total quantity is said to be 1150 grams. It is not forthcoming as to the exact quantity of ganja seized in this case as defined under Section 2(iii)b of the NDPS Act. Be that as it may, Ganja allegedly seized in this case is not a commercial quantity. No criminal antecedents against the petitioner are brought to the notice of the Court. Petitioner - 4 - HC-KAR NC: 2025:KHC:36937 CRL.P No. 12428 of 2025 has been arrested and interrogated. He is not required for further interrogation. He is said to be a permanent resident of Harihara town in Davangere. He has undertaken to furnish adequate surety to ensure his regular presence before the trial court. Hence, by imposing suitable conditions, petitioner can be enlarged on bail. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.1 in Crime No.144/2025 of Harihara Town Police Station, Davanagere, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall appear before the I.O., for the purpose of investigation, as and when required. - 5 - HC-KAR NC: 2025:KHC:36937 CRL.P No. 12428 of 2025 3. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 4. He shall not directly or indirectly tamper with the prosecution witnesses. 5. He shall not indulge himself in committing any offence. 6. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 53