Mohamad Hameed S Son Of S Mastan Vali vs The State Of Karnataka on 8 July, 2025

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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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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

On 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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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

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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                                         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



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.

                                -9-
                                            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



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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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

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

– 11 –

                                                 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



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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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

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



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