Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14977 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: SRI. PARAMESHA S/O VENKARAMANEGOWDA, AGED ABOUT 44 YEARS, R/AT. M. T. DODDI VILLAGE, ELLEMALA POST, HANURU TALUK, CHAMARAJANAGARA - 571 440. …PETITIONER (BY SRI. P. MAHADEVASWAMY, ADVOCATE) AND: THE STATE THROUGH EXCISE INSPECTOR, KOLLEGALA RANGE, KOLLEGALA,
Digitally signed by LAKSHMINARAYANA REP. BY SPP, MURTHY RAJASHRI HIGH COURT OF KARNATAKA, Location: HIGH COURT OF BANGALORE - 560 001. KARNATAKA …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.30/2025- NDPS ACT, REGISTERED BY EXCISE INSPECTOR, KOLLEGALA RANGE, KOLLEGALA, PENDING ON THE FILE BEFORE -2- PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHAMARAJANAGARA. 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 No.2 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.30/2025- Kollegala Range, Kollegala, registered for offences punishable under Sections 20(b)(ii)(B), 25 and 8(c) of Narcotic Drugs and Psychotropic Substances Act.
2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State.
3. Learned counsel for petitioner would contend that, when Excise Officers raided the house of the -3- petitioner, the petitioner was not present in the house. A
can was found outside the house containing the contraband - ganja. The petitioner was not present in the house at that time. Accused No.1 who is the father of the petitioner was present in the house has been arrested and subsequently, he has been granted bail. The petitioner is ready to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. With these, he prayed to allow the petition.
4. Learned High Court Government Pleader for
respondent would contend that, when Excise Officers conducted raid in the house of this petitioner, his father was present and they found a plastic can containing ganja. When the Excise Officers enquired accused No.1, he told that his son Sri. Paramesha - the petitioner herein might have stored the said ganja. Accused No.1 is aged seventy two (72) years and the petitioner is aged forty four (44)
years. The petitioner is required for custodial interrogation. The offence alleged against the petitioner is -4- punishable with imprisonment which may extend to ten
(10) years. With these, she prayed for dismissal of the petition.
5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.
6. On receipt of credible information, Excise
Inspector raided the premises of the petitioner. The father of the petitioner was found in the house. On search in the house, nothing was found. Outside the house, a plastic can was there and it contained ganja. The weight of the said ganja is 2 Kgs. 568 grams. The said ganja and the plastic can etc. have been seized under mahazar. In the mahazar, accused No.1 has stated that his son has kept the said ganja for sale. The said quantity of ganja is more than small quantity and lesser than commercial quantity. The punishment provided for the offence alleged against the petitioner is imprisonment which may extend to ten (10)
-5- years. The petitioner is required for custodial interrogation to ascertain the source of the said ganja etc.
7. Considering all the above aspects, the petitioner has not made out any grounds for grant of discretionary relief of anticipatory bail. In the result, the Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 3