IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 330 OF 2025 (439(Cr.PC) /

483(BNSS))

C/W CRIMINAL PETITION NO. 385 OF 2025 IN CRL.P NO. 330/2025 BETWEEN: MADAIAH K S/O LATE KULLANKEGOWDA, AGED ABOUT 65 YEARS, R/AT HOSAHONGANADODDI VILLAGE, CHIKKAMUDAVADI DAKLE, KANAKAPURA TALUK, RAMANAGARA DISTRICT.

…PETITIONER Digitally signed by LAKSHMI T (BY SRI. A N RADHA KRISHNA.,ADVOCATE)

Location:

High Court AND:

of Karnataka THE STATE OF KARNATAKA BY BIDADI POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH CORUT BUILDINGS, BENGALURU-560 001.

…RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.397/2024 OF BIDADI POLICE FOR OFFENCES PUNISHABLE UNDER SECTION 20(b) OF NDPS ACT, NOW PENDING ON THE FILE OF LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA.

IN CRL.P NO. 385/2025 BETWEEN:

SMT. KAMALAMMA W/O MADAIAH, AGED ABOUT 49 YEARS, R/AT HOSAHONGANADODDI VILLAGE, CHIKKAMUDAVADI DAKLE, KANAKAPURA TALUK, RAMANAGARA DISTRICT.

…PETITIONER (BY SRI. A.N.RADHA KRISHNA, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY BIDADI POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001.

…RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP)

THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS)

PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CR.NO.397/2024 OF BIDADI POLICE FOR OFFENCES PUNISHABLE UNDER SECTION 20(B) OF NDPS ACT, NOW PENDING ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ COMMON ORAL ORDER Criminal Petition No.330/2025 is preferred under Section 483 of BNSS , seeking regular bail and Criminal Petition No.385/2025 is preferred under Section 482 of BNSS, seeking anticipatory bail.

2. Crime No.397/2024 of Bidadi Police Station, Ramanagara was registered on a complaint lodged by the PSI, Bidadi Police Station against accused by name Raju K. and Madaiah for an offence punishable under Section

20(b) of the NDPS Act, 1985.

3. It is alleged that on 25.11.2024 at about 8.30 a.m., complainant received a credible information about a person selling ganja to the public near Sarojamma Chikktimmaiah Kalyana mantappa, Ningegowdandoddi Village, Ramanagar, as such he went to the spot along with his staff and panchas, after taking necessary permission from the superior officers. Accused by name Raju (accused No.1) was apprehended and from his possession a plastic cover containing 475 grams of ganja was seized, apart from cash of Rs.500/- and a scooter without a number plate, allegedly stolen by him. From the scooter dicky 1 kg 560 grams of ganja valued at Rs.1,00,000/- was seized. It is the further case of prosecution that accused Raju confessed that he purchased ganja from one Madaiah (accused No.2) resident of Chikkamudavadi Village, Kanakapura Taluk and he has been selling ganja to the public in small packets.

4. Raid was conducted in the house of Madaiah on

25.11.2024 and ganja leaves weighing about 3 kgs 60 grams concealed in the kitchen in a cement coloured bag was seized.

5. Petitioner in Criminal Petition No.330/2025 is arraigned as accused No.2 in the FIR. Petitioner in Criminal Petition No.385/2025 is the wife of accused No.2.

She is not named as an accused in the FIR, however, in the remand application she is arraigned as accused No.3.

6. Learned High Court Government Pleader has contended that ganja weighing 3 kgs 60 grams was seized from the house of petitioners in the presence of panch witnesses and the petitioners have not disputed that they are not residing in the said house and therefore, there is a prima facie case against them. He contended that the petitioners are involved in supplying ganja to accused No.1 who was selling the same to the public and t