- 1 - HC-KAR NC: 2025:KHC-D:10509 CRL.P No. 103121 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103121 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MR. RAJU S/O PARASHURAM UCHAGAONKAR, AGE. 31 YEARS, OCC. PAINTER, R/O. JANATA COLONY, SIMDEV NAGAR, SULAGA, BELAGAVI-590 001. … PETITIONER (BY SRI. ROHIT N. LATUR, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY CAMP P.S., TQ./DIST. BELAGAVI, (THROUGH HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-591 317). … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN RELATION TO CAMP P S CR. NO.43/2025 PENDING ON THE FILE BEFORE THE LEARNED IIND ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 20(B)(II)(B) NDPS ACT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10509 CRL.P No. 103121 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.43 of 2025 registered by Camp Police Station, Belagavi for the offence punishable under Section 20(b)(ii)(b) of NDPS Act, is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that the contraband articles allegedly ganja seized from the possession of the petitioner, totally weighing 812 grams is of small quantity and from the possession of accused No.2 the contraband Article allegedly ganja totally weighing 254 grams was seized and he has been granted regular bail by this Court in Criminal Petition No.103060 2025. The petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC-D:10509 CRL.P No. 103121 of 2025 4. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. 5. The material on record would go to show that based on a credible information received on 08.07.2025, the first informant along with his staff, conducted a raid to the alleged spot, where accused Nos.1 and 2 were attempting to sell the contraband article allegedly ganja to the public. From the possession of accused No.1, the contraband article allegedly ganja totally weighing 812 grams and a sum of ₹.1,020/- was recovered and from the possession of accused No.2 contraband article allegedly ganja totally weighing 254 grams and a sum of ₹.1,000/- was recovered. Accused No.2 has been granted regular bail by this Court in Criminal Petition No.103060 of 2025. Undisputedly, the petitioner has no criminal antecedents. The seized contraband article allegedly ganja from the possession of the petitioner is of small quantity and the - 4 - HC-KAR NC: 2025:KHC-D:10509 CRL.P No. 103121 of 2025 maximum punishment for the alleged offence is imprisonment for a period of one year. 6. Under the circumstances, I am of the opinion that that the prayer made by the petitioner, who is in custody from 08.07.2025 for grant of regular bail is answered affirmatively. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner herein – accused No.1 is directed to be enlarged on bail in Crime No.43 of 2025 registered by Camp Police Station, Belagavi for the offence punishable under Section 20(b)(ii)(b) of NDPS Act, subject to the following conditions: (a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 5 - HC-KAR NC: 2025:KHC-D:10509 CRL.P No. 103121 of 2025 unless the Trial Court exempts his appearance for valid reasons; (c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future. (e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 25