IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12966 OF 2025 [(439(Cr.PC) / 483(BNSS)]

BETWEEN:

1. SRI. SALMAN KHAN S/O. ANVAR PASHA JAKIR AGED ABOUT 29 YEARS R/A. No. 530, 4^TH AWED AMMEER JAN ROAD, GUNDLAPETE CHAMARAJ NAGAR - 571 111. 2. SRI. IMRAN ALIAS IMMU S/O. ABJAL KHAN JAKIR AGED ABOUT 35 YEARS R/A. No. 27, 1^ST WARD HISENSE NAGAR, GUNDLAPETE CHAMARAJ NAGAR - 571 111.

…PETITIONERS (BY SRI BASAVARAJ HALLAD, ADVOCATE)

Digitally signed by LAKSHMINARAYANA MURTHY RAJASH RI AND:

Location: HIGH COURT OF KARNATAKA

1. THE STATE OF KARNATAKA BY GUNDLUPETE POLICE STATION REP. BY THE SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.

…RESPONDENT (BY SMT. PUSHPALATHA B, ADDITIONAL SPP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL FOR THE CASE REGISTERED BY THE RESPONDENT POLICE FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(B) OF NDPS ACT AND REGISTERED BY THE RESPONDENT GUNDLUPETE POLICE STATION IN CRIME No.199/2025 ON THE BASIS OF THE COMPLAINT DATED 30.07.2025 PENDING ON THE FILE OF LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJ NAGAR.

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 Nos.1 and 2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.199/2025 of Gundlupete Police Station registered for offences punishable under Section 20 (b)(ii)(B) of NDPS Act.

2. Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent -

State.

3. Learned counsel for petitioners would contend that, the quantity of Ganja seized from the possession of the petitioners is intermediate quantity. The said quantity of Ganja has been weighed along with a plastic cover. The investigation is over and charge sheet has been filed. Therefore, the petitioners are not required for custodial interrogation. With these, he prayed to allow the petition.

4. Per contra, learned Additional State Public Prosecutor would contend that, the quantity of Ganja seized from the possession of the petitioners is more than smaller quantity and less than commercial quantity. The FSL report indicates that, samples sent for examination is positive for Ganja. The offence alleged against the petitioners is punishable with imprisonment for ten years and also fine which may extend to Rs.1,00,000/-. If the petitioners are granted bail, there are chances of tampering the prosecution witnesses and committing similar offence. With these, she prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for the parties, the Court has perused FIR, complaint and other materials placed on record.

6. The petitioners/accused Nos.1 and 2 were sitting on bike bearing No.TN 37 Y 6026 and a cotton box was kept on the petrol tank. When they were asked to open it, accused No.1 opened the said box and produced a plastic cover and said that it contains Ganja. Accused No.2 also said that, they have purchased the said Ganja for Rs.20,000/- and they will get Rs.50,000/- by sale of it and he also opened the pocket and showed and it contained dried Ganja. The weight of the said Ganja is 1060 grams. The sample sent for examination is found positive for Ganja. The quantity seized is an intermediate quantity, i.e., more than smaller quantity and less than commercial quantity. The offence alleged against the petitioners is punishable with imprisonment for ten years and fine of Rs.1,00,000/-. The charge sheet materials show that, there is a prima-facie case against the petitioners. If the petitioners are granted bail, there are chances of tampering the prosecution witnesses and committing similar offence.

7. Considering the same, the petitioners have not made out any grounds for