Karnataka High Court
Mohamad Hameed S Son Of S Mastan Vali vs The State Of Karnataka on 8 July, 2025
-1- NC: 2025:KHC-D:8496 CRL.P No. 102262 of 2025 C/W CRL.P No. 102321 of 2025 CRL.P No. 102459 of 2025 HC-KAR AND 1 OTHER IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102262 OF 2025 (439 OF Cr.PC/483 OF BNSS) C/W CRIMINAL PETITION NO. 102321 OF 2025 CRIMINAL PETITION NO. 102459 OF 2025 CRIMINAL PETITION NO. 102471 OF 2025 IN CRL. P. NO. 102262 OF 2025 BETWEEN: SRI. MADAN S/O. NARASHIMHA REDDY PULAKESHI, AGE: 26 YRS, OCC: WORKING IN PRIVATE COMPANY, R/O. BEHIND KOTAM LAW COLLAGE, MAHANANDI KUATA BALLARI, TQ. DIST. BALLARI. Digitally ...PETITIONER signed by RAKESH S (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) HARIHAR Location: High Court of Karnataka, AND: Dharwad Bench STATE OF KARNATAKA, BY GANGAVATHI TOWN P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. ...RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS), SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.6 IN CRIME NO.110/2025 OF -2- NC: 2025:KHC-D:8496 CRL.P No. 102262 of 2025 C/W CRL.P No. 102321 of 2025 CRL.P No. 102459 of 2025 HC-KAR AND 1 OTHER GANGAVATHI TOWN POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE U/S.20(b) (ii) (B), 23(b) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT 1985, AND PENDING BEFORE ADDL. DISTRICT AND SESSION COURT, GANGAVATHI IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL. P. NO. 102321 OF 2025 BETWEEN: MOHAMAD HAMEED S. SON OF S. MASTAN VALI, AGED 22 YEARS, RESIDENT OF HOUSE NO 217, WARD NO.34, 5TH CROSS, YALLAMMA TEMPLE STREET, DEVI NAGAR, BALLARI-583103. ...PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GANGAVATHI TOWN POLICE STATION, GANGAVATHI TALUK, KOPPAL DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001. ...RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER/ ACCUSED NO.8 ON BAIL IN CRIME NO.110/2025 REGISTERED BY GANGAVATHI TOWN POLICE STATION FOR THE OFFENCES PUNISHABLE U/S.20(b)(ii)B, AND 23(b) OF (NAROCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT-1985) IN SHORT NDPS ACT- -3- NC: 2025:KHC-D:8496 CRL.P No. 102262 of 2025 C/W CRL.P No. 102321 of 2025 CRL.P No. 102459 of 2025 HC-KAR AND 1 OTHER 1985, PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS JUDGE KOPPAL, SITTING AT GANGAVATHI, IN THE INTEREST OF JUSTICE. IN CRL. P. NO. 102459 OF 2025 BETWEEN: MANIKANTHA S/O. BHEEMALINGA, AGE: 23 YEARS, OCC: MESON WORK, R/O.WARD NO.35, ANJANEYA TEMPLE, HAVAMBHAVI, TQ. & DIST. BALLARY-583101. ...PETITIONER (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY PSI GANGAVATHI TOWN P.S, TQ. AND DIST. BALLARY, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011. ...RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 IN CRIME NO.110/2025 REGISTERED BY GANGAVATHI TOWN P.S., DIST. BALLARY ON THE FILE OF THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL (SITTING AT GANGAVATHI) FOR THE OFFENCES PUNISHABLE U/S. 20(b)(ii)B AND 23(b) OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985, AND ALLOW THE ABOVE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. -4- NC: 2025:KHC-D:8496 CRL.P No. 102262 of 2025 C/W CRL.P No. 102321 of 2025 CRL.P No. 102459 of 2025 HC-KAR AND 1 OTHER IN CRL.P. NO. 102471 OF 2025 BETWEEN: SOUJESH K. K. S/O. SUNIL K., AGE: 28 YEARS, OCC: MOBILE AND LAPTOP SERVICE WORK, R/AT: KURUKUTIHAL HOUSE, ANGADIKADU, POST: AYYANKUNNA, TQ. IRRITTI, DIST. KANNUR, STATE: KERAL-670706, PRESENTLY RA/T: 3RD B. CROSS, GURURAJ LAYOUT DODDANE, KUNDI, BENGALURU-560037. ...PETITIONER (BY SRI. G. M. SHARATH KUMAR AND SRI. RAHUL SHRIKANT BHUSHI, ADVOCATE) AND: STATE BY GANGAVATHI TOWN P. S., GANGAVATHI SUB-DIVISION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. ...RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN CR.NO.110/2025 THE ALLEGED OFFENCES PUNISHABLE U/S.20(b)(ii)(B), 23(b) OF NDPS ACT, REGISTERED BY THE RESPONDENT GANGAVATHI TOWN P.S., ON THE FILE OF ADDL. DISTRICT AND SESSIONS COURT, KOPPAL, SITTING AT GANGAVATHI, IN THE INTEREST OF JUSTICE AND EQUITY. -5- NC: 2025:KHC-D:8496 CRL.P No. 102262 of 2025 C/W CRL.P No. 102321 of 2025 CRL.P No. 102459 of 2025 HC-KAR AND 1 OTHER THESE PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER
(PER: THE HON’BLE MR. JUSTICE VENKATESH NAIK T)
Heard learned counsel for the petitioners
Sri.Neelendra D.Gunde, Sri.Sabeel Ahmed, Sri.Vadiraj
P.Vadavi, Sri.Rahul Shrikant Bhushi respectively and
Sri.Abhishek Malipatil, learned HCGP for respondent in all
the cases.
2. Crl.P.No.102262/2025 is filed by accused No.6,
Crl.P.No.102321/2025 is filed by accused No.8,
Crl.P.No.102459/2025 is filed by accused No.1 and
Crl.P.No.102471/2025 is filed by accused No.3
respectively filed under Section 439 of Cr.P.C. [483 of
Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in
Crime No.110/2025 of Gangavathi Town Police station for
the offences punishable under Section 20(b)(ii)(B) 23(b)of
Narcotic Drugs and Psychotropic Substances Act-1985.
3. Brief facts of the prosecution case are as under:
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HC-KAR AND 1 OTHEROn 28.05.2025, the PSI of Gangavathi town Police
station, Gangavathi at about 9.30 a.m. when he was on
patrolling duty, he received a credible information that
some unknown persons who had come in two cars were
attempting to sell ganja on the road in front of the ITI
college, Gangavathi town. On receiving said information,
the PSI along with his sub-staff i.e. panchs went to the
spot, conducted a raid on the said persons and seized
1806 grams Hydro Ganga in two cars which was kept in
the dicky worth Rs.18,06,000/- in the presence of panchs.
They also seized eight mobile phones, two cars on the spot
and thereafter registered a case against the petitioners
and others. Based on the seizure mahazar and complaint,
the SHO registered a case, leading to registration of FIR
and investigation. Hence, these petitioners were remanded
to judicial custody.
4. Learned counsel for the petitioners contended
that the petitioners are innocent of the alleged offences;
they have not committed any offences; the police have not
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seized anything from the petitioners and the contraband
was seized from the possession of accused Nos.2 and 5
respectively. The petitioners are no way concerned either
to the cars or the ganja in question; petitioners are in
judicial custody since the date of their arrest and they are
ready to abide by any conditions which are to be imposed
by this Court, and thus prayed for grant of bail.
5. Per contra, learned High Court Government
Pleader for respondent-State contended that there are
reasonable grounds to believe that these petitioners are
guilty of the alleged offences. The contraband seized is of
intermediate quantity; if bail is granted, they may jump
the bail conditions and would commit similar offences and
tamper with prosecution witnesses, thus, prayed for
rejection of petition.
6. Having heard on both side and on perusal of
material available on record, it discloses that on
28.05.2025 at 2.45 p.m., the first informant and his sub-
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staff conducted a raid on these petitioners and others, and
found 1806 grams of ganja worth Rs. 18,06,000/-, 8
mobile phones, two cars in the presence of panchas and
gazetted officers. They arrested the petitioners, drew up
the panchnama and lodged the complaint.
7. On perusal of the Seizure Panchnama and
report of complainant, nowhere the first informant has
stated that ganja was seized from the possession of these
petitioners, but it was seized from the dicky of cars, which
belongs to accused Nos.2 and 5 respectively. It shows that
these petitioners are not owners of cars seized in this
case.
8. The learned counsel for petitioners contended
that, the cars are not belonging to the petitioners and
nothing is recovered from the possession of petitioners
and therefore, rigours of Section 37 of NDPS Act is not
applicable to the case on hand and petitioners are not an
habitual offenders.
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9. At this juncture it is relevant to refer to Section
37 of the NDPS Act which reads as under:
“Section 37. Offences to be cognizable and
nonbailable. — (1) Notwithstanding anything
contained in the Code of Criminal Procedure, 1973
(2 of 1974),–
(a) every offence punishable under this Act
shall be cognizable;
(b) no person accused of an offence
punishable for 1 [offences under section 19 or
section 24 or section 27A and also for offences
involving commercial quantity] shall be released on
bail or on his own bond unless–
(i) the Public Prosecutor has been given an
opportunity to oppose the application for such
release, and
(ii) where the Public Prosecutor opposes the
application, the court is satisfied that there are
reasonable grounds for believing that he is not
guilty of such offence and that he is not likely to
commit any offence while on bail.
(2) The limitations on granting of bail specified
in clause (b) of sub-section (1) are in addition to
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the limitations under the Code of Criminal
Procedure, 1973 (2 of 1974) or any other law for
the time being in force on granting of bail.].”
10. It is the contention of learned counsel for
petitioners that, although the contraband alleged to have
been seized from two cars and though it would amount to
intermediate quantity, the same is not seized from the
person of petitioners, and they are nowhere concerned to
the cars and ganja seized by the first informant.
11. On perusal of the material available on record
and as per the contents of FIR, it is clear that ganja was
not seized from the possession of these petitioners, and
the same was seized from the cars and said cars are not
belonging to these petitioners, but they belongs to
accused Nos.2 and 5 respectively. Under such
circumstances, prima facie there are no materials
forthcoming in the records, to satisfy that, there are
reasonable grounds for believing that accused Nos.1, 3, 6
and 8 are guilty of the offences. However, the twin
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conditions enumerated under Section 37(1)(d) of the
NDPS Act being satisfied and also considering the
seriousness and gravity of the crime, I am of the
considered opinion that these cases are fit cases to grant
bail to the petitioners – accused No.1, 3, 6 and 8. Hence, I
proceed to pass the following :
ORDER
(1) Crl.P.No.102262/2025 filed by accused No.6,
Crl.P.No.102321/2025 filed by accused No.8,
Crl.P.No.102459/2025 filed by accused No.1 and
Crl.P.No.102471/2025 filed by accused No.3 are
hereby allowed.
(2) The petitioners – accused Nos.1, 3, 6 and 8 are
ordered to be enlarged on bail in Crime in Crime
No.110/2025 of Gangavathi Town Police station for
the offences punishable under Section 20(b)(ii)(B)
and 23(b) of Narcotic Drugs and Psychotropic
Substances Act-1985 on they executing a personal
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bond in a sum of Rs.2,00,000/- each with two sureties
for like sum to the satisfaction of the jurisdictional
Court, subject to the following conditions;
(i) Petitioners – accused Nos.1, 3, 6 and 8 shall
not tamper with prosecution witnesses
directly or indirectly;
(ii) They shall co-operate with the Investigating
Agency till conclusion of the investigation;
(iii) They shall appear before the Trial Court
regularly; and
(iv) They shall mark their attendance before the
respondent – police on 1st and 16th of every
month in between 10:00 a.m., and 5:00
p.m., for a period of six months or till filling
of final report, whichever is earlier;
On violation of any of the conditions, the bail granted
automatically stands cancelled.
Sd/-
(VENKATESH NAIK T)
JUDGE
HMB-up to para 3
EM- from para 4
CT-AN List No.: 1 Sl No.: 20