- 1 - HC-KAR NC: 2025:KHC:32440 CRL.P No. 10898 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. 10898 OF 2025 BETWEEN: MANSOOR ALI S/O SAMIULLA, AGED ABOUT 29 YEARS, OCC: COOLIE, R/O LASHKAR MOHALLA, JANGAL ROAD, CHANNAGIRI TALUKA, DAVANAGERE DISTRICT-577 213. …PETITIONER (BY SRI. UMESH P.B., ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY DAVANAGERE CEN CRIME POLICE STATION, DAVANAGERE DISTRICT, DAVANAGERE-577 001. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001) …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32440 CRL.P No. 10898 of 2025 THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.100/2025 OF DAVANAGERE CEN CRIME POLICE STATION, DAVANAGERE DISTRICT, DAVANAGERE (REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 20(b)(ii)(B) OF NDPS ACT 1985, NOW PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS COURT, DAVANAGERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in Crime No.100/2025 of CEN Crime Police Station, Davanagere, registered for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, 1985, has preferred this petition to enlarge him on bail. 2. Heard both sides and perused the material on record. 3. The case of prosecution is that, CPI of Davanagere CEN Crime Police Station received a credible information on 19.6.2025 at 4.30 p.m., that two persons are engaged in selling Ganja to the public near a bridge on - 3 - HC-KAR NC: 2025:KHC:32440 CRL.P No. 10898 of 2025 a service road in Shiramagondanahalli, Davanagere Town. As such, he recorded the said information in the Station House Diary and took permission from the Superintendent of Police, CEN Crime Police Station, a gazetted officer, for conducting a raid. Thereafter, along with the staff and panchas went to the spot at about 6.35 pm., apprehended accused Nos.1 and 2 and seized a bag containing 2 Kg. 360 gms. of Ganja valued at Rs.1,75,000/-. 4. As per prosecution, both accused Nod.1 and 2 were apprehended from the spot and the bag containing ganja which was held by the petitioner was seized. It is alleged that 2 kgs 360 grams of ganja with flowers, seeds and leaves was seized. 5. The contention of the learned counsel for petitioner is that as per the definition of ganja under Section 2(iii)(b), it is the flowering or fruiting tops of the cannabis plant excluding the seeds and leaves when not accompanied by the tops, whereas, in the present case, flowers, seeds and leaves together were weighed and - 4 - HC-KAR NC: 2025:KHC:32440 CRL.P No. 10898 of 2025 therefore, it cannot be said that seized ganja is 2 kgs 360 grams as alleged. He submitted that accused No.2 has been granted bail by this Court in Crl.P No.9940/2025. Hence, sought to enlarge the petitioner on bail on similar terms and conditions. 6. The learned High Court Government Pleader has sought to reject the petition, contending that there is a prima facie case against the petitioner. 7. Petitioner was arrested on 19.06.2025. Investigation is completed and chargesheet is filed. No criminal antecedents against him has been brought to the notice of the Court. Accused No.2 has been enlarged on bail by this Court. Petitioner has undertaken to furnish surety to ensure his regular presence before the trial Court. He is said to be the permanent resident of Channagiri Town in Davanagere Taluk and District. Ganja seized is not a commercial quantity. Hence, by imposing suitable conditions, petitioner can be enlarged on bail. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:32440 CRL.P No. 10898 of 2025 ORDER i. Petition is allowed. ii. Petitioner/accused No.1 in Crime No.100/2025 of CEN Crime Police Station, Davanagere, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh 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. 5. He shall appear before the trial Court on every date of hearing without fail. - 6 - HC-KAR NC: 2025:KHC:32440 CRL.P No. 10898 of 2025 Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 45