- 1 - NC: 2025:KHC-D:1456 CRL.P No. 103879 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 103879 OF 2024 BETWEEN: JUGRAJ S/O. JEEVERAJ @ JEEVERAJJI JAIN AGED ABOUT 52 YEARS, OCCUPATION: AUTO MOBILE WORK, R/O. C/O. BASANGOUDA H. PATIL, YALLAPUR ONI, NEAR PRAKASH CABLE GOUOWN, HUBBALLI-580 009. …PETITIONER (BY SRI. T.R. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA HUBBALLI-DHARWAD CITY CEN P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH DHARWAD-580 011. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO RELEASE HIM ON BAIL IN SPL. N.D.P.S. C.C.NO.14/2024 ARISING OUT OF HUBBALLI- DHARWAD CITY CEN CRIME NO.118/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 20(b) (ii) (B) OF NDPS ACT-1985 AGAINST HIM, PENDING ON THE FILE OF THE HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE DHARWAD. Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:1456 CRL.P No. 103879 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER This Criminal Petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS, 2023) for grant of bail. 2. The brief case of the prosecution are that: The Central Crime Police, Hubballi-Dharwad submitted the charge sheet against accused 1 and 2 for the commission of offence punishable under Section 20(b)(ii)(B) of The Narcotic Drugs and Psychotropic Substances, Act, 1985 (for short 'NDPS Act'). It is alleged in the charge sheet that on 24.06.2024 between 4.30 p.m. and 5.00 p.m., on public road near Hubballi-Bankapur Chowk, Desai Oni, the accused were carrying 1243 grams of Ganja with an intention to sell the same to the public, thereby committed offence punishable under Section 20(b)(ii)(B) of the NDPS Act. - 3 - NC: 2025:KHC-D:1456 CRL.P No. 103879 of 2024 3. Learned counsel for the petitioner submits that the accused No.1-petitioner herein has not committed the alleged offence. He further submits that the alleged ganja seized is less than the commercial quantity but greater than small quantity or an intermediate quantity. The investigating officer has failed to comply with the mandatory provisions of Sections 42,50 and 52(A) of NDPS Act and also Section 100(7) and 102 of Cr.P.C. The investigation is already completed. The petitioner is not required for further investigation. The accused is in judicial custody from the date of his arrest i.e. from 24.06.2024. He further submits that this Court has granted bail to accused No.2 in Crl.P.No103862/2024 vide order dated 27.12.2024. Hence he submits that on the basis of parity also, the petitioner is entitled for grant of bail. On all these grounds, he sought to allow the petition. 4. As against this, learned High Court Government Pleader Sri. Abhishek Malipatil, submits that the quantity of seized ganja comes under the definition of "commercial - 4 - NC: 2025:KHC-D:1456 CRL.P No. 103879 of 2024 quantity". Though the accused is not required for further investigation, it is not just and proper to release the accused on bail since he is a permanent resident of Rajasthan. Hence, he sought to dismiss the petition. 5. Having heard the arguments on both sides and on perusal of materials on record, the following points would arise for my consideration: i. Whether the petitioner has made out a ground to grant bail? ii. What order? 6. My answer to the above points are as under: Point No.1: in the Affirmative Point No.2: As per final order Regarding Point No.1: 7. I have perused the material placed before this Court. It is alleged in the charge sheet that on 24.06.2024 between 4.30 p.m. and 5.00 p.m., on public road near Hubballi-Bankapur Chowk, Desai Oni, the accused was - 5 - NC: 2025:KHC-D:1456 CRL.P No. 103879 of 2024 carrying 1243 grams of Ganja with an intention to sell the same to the public and thereby committed the offence punishable under Section 20(b)(ii)(B) of the NDPS Act. This Court has granted bail to accused No.2 in Crl.P.No103862/2024 dated 27.12.2024. While passing the said order, this Court has observed as under: "On careful examination of the materials placed before this Court, at this stage, it appears that Investigating Officer has not properly complied the mandatory provisions of Sections 42, 50, 52(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and also provision of Sections 100(7) and 102 of Cr.P.C. Additionally, the investigation is already completed, the accused is not required for further investigation." 8. The main apprehension of the prosecution is that the petitioner is a permanent resident of Rajasthan, if the bail is granted to him, there are possibilities of absconding. The apprehension of the prosecution can be avoided by imposing stringent conditions. The - 6 - NC: 2025:KHC-D:1456 CRL.P No. 103879 of 2024 Investigating Officer has furnished the present residential address of the petitioner which reveals that he is the resident of Hubballi and his mobile number is also furnished. Considering the nature and gravity of the offence, the quantity of the ganja seized, the previous antecedents of the petitioner that the petitioner has not been convicted previously for any offence and also keeping in mind the order dated 27.12.204 passed by this Court in Crl.P.No.103862/2024, I am of the considered opinion that the present petitioner is entitled for grant of bail. Accordingly point No.1 is answered in the affirmative. Regarding Point No.2: 9. Accordingly, I proceed to pass the following: ORDER The bail application filed under Section 483 of BNSS 2023 is allowed. The petitioner herein shall be released on bail in connection with Spl.NDPS. C.C.No.14/2024, registered by the - 7 - NC: 2025:KHC-D:1456 CRL.P No. 103879 of 2024 Central Crime Police Station, Hubballi-Dharwad City, subject to the following conditions: a. The petitioner/accused No.1 shall execute a self-bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Court concerned; b. the petitioner/accused No.1 shall not tamper or threaten the prosecution witnesses in any manner; c. the petitioner/accused No.1 shall appear before the Trial Court on all the dates of hearing. d. the petitioner/accused No.1 shall furnish his residential proof to the satisfaction of the jurisdictional Magistrate. Sd/- (G BASAVARAJA) JUDGE SSD List No.: 19 Sl No.: 1