Criminal Petition No. 191 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:4853 CRL.P No. 191 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 191 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NAZARULLAH KHAN, S/O IMAM KHAN AGED ABOUT 40 YEARS, 2. FATHIMA, W/O NAZRULLAH KHAN, AGED ABOUT 33 YEARS, BOTH RESIDING AT 2-98-27 A, UDAYANAGARA GULVADI VILLAGE, KUNDAPURA TALUK, UDUPI-576 283.
Legal Reasoning
(BY SMT. HALEEMA AMEEN, ADVOCATE) AND: …PETITIONERS Digitally signed by LAKSHMI T Location: High Court of Karnataka THE STATE, BY SHO OF KUNDAPURA RURAL POLICE STATION, UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE - 560001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.80/2024 OF KUNDAPURA RURAL POLICE STATION, REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTIONS 8(c), 20(b)(ii)(B) OF NDPS ACT, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT. - 2 - NC: 2025:KHC:4853 CRL.P No. 191 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners have preferred this petition to enlarge them on bail in Crime No.80/2024 of Kundapura Rural Police Station, registered for the offence punishable under Section 8(c), 20(b)(ii)(B) of NDPS Act, 1985. 2. It is alleged that the petitioners have illegally stored 8.374 kgs of ganja in their house bearing No.2-98-27 situated at Udayanagara, Gulvadi Village, Kundapura Taluk. 3. According to prosecution, on 01.11.2024 at about 2.30 p.m., PSI (L & O) of Kundapura Rural Police Station received a credible information, based on which he conducted a raid in the house of petitioners along with his staff, panchas and Tahsildar of Kundapura and found a trolley bag in the bedroom of the house in which there were five packets of ganja weighing 8 kgs. 374 gms. - 3 - NC: 2025:KHC:4853 CRL.P No. 191 of 2025 valued at Rs.3,34,800/-. The said ganja, Trolley bag, mobile phones etc., were seized under a mahazar. 4. Charge sheet is filed against accused Nos.1 to 10 for offences punishable under Section 27(b), 8(c) and 20(b)(ii)(B) of NDPS, 1985 and Section 3(5) of BNS, 2023. Petitioners are arraigned as accused Nos.2 and 1 respectively in the charge sheet. 5. The prosecution alleges that accused Nos.1 to 10 conspired to transport and sell large quantities of ganja in Kerala. It is alleged that accused Nos.3, 5, and 6 were involved in the sale of small quantities of ganja in Kerala, and accused No.3 became acquainted with accused No.4 in Salem jail, who offered to supply ganja in large quantities. Accused Nos.1, 2, 7, 8, and 9 traveled to Andhra Pradesh to procure ganja from accused No. 4. They previously procured 104 kgs. of ganja, and on one occasion, accused No.5 was arrested while transporting 40 kgs. Accused No.5 requested accused No.6 to secure his release by selling ganja. Accused Nos.3 and 6 provided Rs.40,000/- - 4 - NC: 2025:KHC:4853 CRL.P No. 191 of 2025 to accused No.1 to procure ganja from Andhra Pradesh and accused No.1 transferred Rs.40,000/- and an additional sum of Rs.14,500/- to the bank account of accused No.4. Accused Nos.1, 7, 8, and 9 bought seven packets of ganja weighing 2 kg. each and stored them at the house of accused Nos.1 and 2. Accused Nos.1 and 2 handed over two packets to accused No.3, who sold one packet. Unable to contact accused No.3, accused No.1 sold the remaining ganja locally to accused No.10. 6. Authorities seized 8.374 kgs. of ganja hidden in a trolley bag on 01.11.2024, and based on information from accused No.3, seized 2.038 kgs. of ganja hidden in the house of CW-12 on 06.11.2024. On the same day, as per information provided by accused No.1, it was discovered that accused Nos.1 and 2 procured Rs.20,000/- in cash from selling ganja and a weighing machine. On 11.11.2024, Rs.10,000/- from ganja sales was recovered based on information provided by accused No. 8. - 5 - NC: 2025:KHC:4853 CRL.P No. 191 of 2025 7. Learned High Court Government Pleader has contended that as per FSL report, the samples collected from the contraband seized from the house of petitioners have responded positive for cannabis (ganja) and therefore, there is a prima facie case against the petitioners. He contended that if the petitioners are enlarged on bail they may once again commit similar offence and accordingly, sought to reject the petition. 8. The alleged ganja has not been seized from the exclusive possession of petitioners. According to prosecution, when the police conducted raid in the house of the petitioners, they found a trolley bag kept on the sajja of the bedroom in which there were five packets of ganja weighing about 8 kgs. 374 gms. As per mahazar, ganja including leaves, bud, seed, stem etc., were found in the suitcase. Ganja seized is not a commercial quantity. There are no criminal antecedents against the petitioners. Other allegations in the charge sheet that the petitioners have conspired with other accused persons and they were - 6 - NC: 2025:KHC:4853 CRL.P No. 191 of 2025 involved in trafficking of ganja etc., have to be established in a full-fledged trial. It is submitted by the learned counsel that the petitioners are having minor children. They are in custody from 01.11.2024. Investigation is completed and charge sheet is filed. 9. Considering the above facts and circumstances, petitioners can be admitted to bail by imposing appropriate conditions. Accordingly, the following:
Decision
ORDER (i) Petition is allowed. (ii) Petitioner/accused Nos.1 and 2 in Crime No.80/2024 of Kundapura Rural Police Station, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 7 - NC: 2025:KHC:4853 CRL.P No. 191 of 2025 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge in committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/List No.: 1 Sl No.: 36 Ct:ar