- 1 - HC-KAR NC: 2025:KHC:32441 CRL.P No. 10884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10884 OF 2025 BETWEEN: 1. MAZAR KHAN S/O LATE ANWAR KHAN, AGED ABOUT 34 YEARS, R/AT INFRONT OF MODEL SCHOOL, HIREKOLALE ROAD, UPPALLI, CHIKKAMAGALURU TOWN-577 101. PERMANENTLY RESIDING AT BILAL MASJID ROAD, TIPPU NAGAR, CHIKKAMAGALURU TOWN-577 101, CHIKKAMAGALURU. 2. WASEEM KHAN S/O ASLAM KHAN, AGED ABOUT 32 YEARS, R/AT 3215, 8TH CROSS, C.V.ROAD, MANDI MOHALLA, MYSORE-570 001. NOW R/AT 8TH CROSS, N.H. PALYA, NEAR RAILWAY WORKSHOP, MYSORE-570 001. …PETITIONERS (BY SRI. GIREESHA R.J., ADVOCATE) AND: STATE BY CEN POLICE STATION CHIKKAMAGALURU DISTRICT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32441 CRL.P No. 10884 of 2025 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CRIME NO.69/2025 FOR THE ALLEGED OFFENCE U/S. 20(b)(ii) AND 29 OF THE NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES ACT, 1985 ACT, 1985, REGISTERED BY CEN POLICE STATION, CHIKKAMAGALURU DISTRICT, NOW CASE PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU. 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 petitioners, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioners are arrested in Crime No.69/2025 of CEN Crime Police Station, Chikkamagaluru, registered for the offence punishable under Section 20(b)(ii)(B) and 29 of the NDPS Act, 1985. - 3 - HC-KAR NC: 2025:KHC:32441 CRL.P No. 10884 of 2025 3. Learned Sessions Judge has dismissed the bail petition of the petitioners vide order dated 14.07.2025. Hence, the petitioners have preferred this petition under Section 483 of BNSS, 2023 to enlarge them on bail. 4. The complaint lodged by the PSI, CEN Crime Police Station, Chikkamagalur would reveal that on 30.06.2025 at about 1.30 p.m., a credible information was received that two persons are trying to sell ganja to the general public in a Maruti Suzuki Wagno R Car bearing Registration No.KA-01-MA-0210, as such, the complainant along with his staff and two panch witnesses went to the spot and apprehended accused Nos.1 and 2 and from their possession 1 kg 47 grams of dry ganja valued at Rs.15,000/- and a Maruti Car were seized. 5. Both the petitioners were arrested on 30.06.2025 and they are in custody. The ganja seized is not a commercial quantity. It is contended by the learned counsel that the seized ganja has been weighed along with its flowers, seeds and leaves and therefore, the actual - 4 - HC-KAR NC: 2025:KHC:32441 CRL.P No. 10884 of 2025 quantity of ganja allegedly seized in this case is not forthcoming in the mahazar. 6. Learned High Court Government Pleader has contended that against accused No.1 there are three more criminal cases registered and therefore, if released on bail, petitioners may commit similar offence and also flee from justice. 7. Considering that ganja seized in this case is not a commercial quantity, petitioner No.2 against whom there are no criminal antecedents, can be admitted to bail. In so far as petitioner No.1/accused No.1 is concerned, since the investigation is under progress and taking note of the fact that there are three more criminal cases registered against him, he is not entitled for bail at this stage. Hence, the following: ORDER (i) Petition is partly allowed. - 5 - HC-KAR NC: 2025:KHC:32441 CRL.P No. 10884 of 2025 (ii) Petition in respect of petitioner No.1/accused No.1 is dismissed. (iii) Petition is allowed is respect of petitioner No.2/accused No.2. (iv) Petitioner No.2/accused No.2 in Crime No.69/2025 of CEN Crime Police, Chikkamagaluru, 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 furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. - 6 - HC-KAR NC: 2025:KHC:32441 CRL.P No. 10884 of 2025 5. 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.: 44