- 1 - HC-KAR NC: 2026:KHC:5491 CRL.P No. 16099 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16099 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MEHABOOB BEE W/O. CHANDAPEER AGED ABOUT 69 YEARS HOUSEWIFE R/AT. 1ST MAIN, 11TH CROSS AZADNAGAR, DOOR No.3412 3RD MAIN, 14TH CROSS YALLAMMA NAGAR DAVANAGERE – 577 001. …PETITIONER (BY SRI. S G RAJENDRA REDDY, ADVOCATE) AND: 1. THE STATE BY AZAD NAGAR POLICE STATION DAVANAGERE, RPTD. BY S.P.P., HIGH COURT, BENGALURU – 560 001. …RESPONDENT (BY SMT. WAHEEDA M M, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) Cr.P.C PRAYING TO ENLAGE THE PETITIONER ON BAIL IN CRIME No.118/2025 OF AZAD NAGAR P.S., DAVANAGERE, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 20(b)(ii)(B),31 OF NDPS ACT Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5491 CRL.P No. 16099 of 2025 1985 PENDING ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE AT DAVANAGERE IN SPL.C.No.466/2025. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.118/2025 of Azad Nagar Police Station, Davanagere, registered for offences under Section 20(b)(ii)(B) of NDPS Act, pending in Spl.C.No.466/2025 on the file of Prl.District and Sessions Judge, Davanagere. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent / State. 3. Learned counsel for the petitioner would contend that the quantity of Ganja seized from the possession of this petitioner is 1250 gms. The said Ganja has been seized under mahazar. The petitioner is in judicial custody since 20.07.2025 and as the charge sheet is filed she is not required for further custodial interrogation. The - 3 - HC-KAR NC: 2026:KHC:5491 CRL.P No. 16099 of 2025 petitioner is a woman aged 69 years. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the quantity of ganja seized is more than small quantity and less than commercial quantity. The offence alleged against the petitioner is provided with punishment of imprisonment which may extend to 10 years. The petitioner is having criminal antecedents involved in 7 cases and she has been convicted in 2 cases. All the cases registered against the petitioner are for offences under the NDPS Act. If the petitioner is granted bail, there are chances of again she committing similar offence. With this she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. At the time of enquiry pertaining to three crimes, accused Nos.3 to 5, disclosed that they have purchased ganja from accused Nos.1 and 2 and consumed - 4 - HC-KAR NC: 2026:KHC:5491 CRL.P No. 16099 of 2025 the said ganja and remaining portion they have sold. Accused Nos.3 to 5 have shown the place where accused Nos. 1 and 2 were selling the ganja. Accused Nos.1 and 2 were found at that spot with two wheeler. On search the petitioner was found possessing 1,250 grams of Ganja and small plastic covers and they have been seized under mahazar. The quantity of ganja seized is more than small quantity and less than commercial quantity. The offence alleged against the petitioner is provided with punishment of imprisonment which may extend to 10 years. The petitioner is having criminal antecedents. The petitioner is involved in Crime No.08/2013 of Malebennur Police Station, Crime No.110/2015 of Azad Nagar Police Station, Crime No.104/2018 of Vidyanagar Police Station, Crime No.146/2018 of Azad Nagar Police Station, Crime No.55/2019 of Azad Nagar Police Station and Crime No.123/2024 of Azad Nagar Police Station. Out of these six cases, in two cases she has been convicted. All the six cases are registered for offences under NDPS Act. The - 5 - HC-KAR NC: 2026:KHC:5491 CRL.P No. 16099 of 2025 petitioner is in the habit of committing offences under NDPS Act since 2013 after she has been granted bail in each case. If the petitioner is granted bail, she will commit similar offence. 7. Considering the above aspect, petitioner has not made out any ground for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 13 Ct.sm