[Cites 5, Cited by 0]
Karnataka High Court
Sri. Madhuraju vs The State Of Karnataka on 13 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:8913
CRL.P No. 15751 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 15751 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
SRI. MADHURAJU
S/O MADHA,
AGE ABOUT 40 YEARS,
R/AT: KUDALURU VILALGE, HANUR TALUK,
CHAMARAJANAGARA DISTRICT - 571 444.
...PETITIONER
(BY SRI. NARAYANASWAMY K.N., ADVOCATE)
AND:
THE STATE OF KARNATAKA
RAMAPURA P.S.
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally signed by HIGH COURT BUILDINGS,
LAKSHMINARAYANA
MURTHY RAJASHRI BENGALURU - 560 001.
Location: HIGH COURT
OF KARNATAKA ...RESPONDENT
(BY SRI. HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE
PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF THE
BHARATHIYA NAGARIK SURAKSHA SANHITHA-2023 IN CRIME
NO.120/2025 OF RAMAPURA POLICE STATION FOR THE
OFFENCES PUNISHABLE UNDER SECTION 20(b)(ii)(B) OF
-2-
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CRL.P No. 15751 of 2025
HC-KAR
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT
1985, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND
SESSIONS JUDGE, 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.1 under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in Crime No.120/2025 of Ramapura Police
Station registered for offences punishable under Sections
20(b)(ii)(B) of Narcotic Drugs and Psychotropic
Substances Act, 1985.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioner would contend
that, the total quantity of contraband seized is 1.840 kgs.
While weighing the said contraband, it is weighed including
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the plastic cover. The said contraband is stated to contain
flower, fruiting tops and seeds. The ganja defined under
NDPS Act in Section 2(iii)(b) and as per that, only the
flowering of fruiting tops of the cannabis plant (excluding
the seeds and leaves when not accompanies by the tops)
is ganja. In the case on hand, the weight of the seeds
have also been taken into consideration. Considering the
same, the seized contraband may comes to small quantity.
The petitioner is in judicial custody since last six (6)
months. The petitioner is a coolie and farmer. As the
charge sheet is filed, the petitioner is not required for
custodial interrogation. With these, he prayed to allow the
petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the quantity
seized is a dry ganja weighing 1.840 kgs. The FSL report
indicates that, it is a positive for ganja. The charge sheet
materials show that, there is a prima-facie case against
the petitioner. The offence alleged against the petitioner is
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punishable with imprisonment which may extend to ten
(10) years. If the petitioner is granted bail, there are
chances of he again committing similar offence. With
these, he prayed for dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
6. The contraband seized from the bike of the
petitioner is weighing 1.840 kgs. In the FSL report, it is
found positive for ganja. While weighing the contraband,
the weight of plastic cover has also been included. Ganja
has been defined in Section 2(iii)(b) of NDPS Act, is as
under:
2. Definitions- In this Act, unless the context
otherwise requires,
(i) xxxx
(ii) xxxx
(iii) "cannabis (hemp)" means--
(a) xxxxx
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(b) ganja, that is, the flowering of fruiting
tops of the cannabis plant (excluding the seeds
and leaves when not accompanied by the tops),
by whatever name they may be known or
designated."
7. As per charge sheet, the contraband contained
flowering of fruiting tops and seeds. As per the definition
of the ganja noted above, the seeds are to be excluded. As
the contraband seized is 1.840 kgs., if the weight of plastic
cover and seeds are excluded, it may come to small
quantity. The punishment provided for possessing small
quantity of ganja is punishable with imprisonment which
may extend to one (1) year. The petitioner is in judicial
custody since 30.08.2025. As the charge sheet is filed, the
petitioner is not required for further custodial
interrogation. There are no criminal antecedents of the
petitioner. The petitioner has undertaken to appear before
the trial Court on all dates of hearing and abide by any
conditions to be imposed by this Court.
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8. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In
the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted bail in Crime No.120/2025 of Ramapura Police
Station, subject to following conditions:
i) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- (Rupees
One Lakh only) with one surety for the
like-sum to the satisfaction of the trial
Court.
ii) The petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
iii) The petitioner shall appear before the trial
Court on all dates of hearing unless
exempted by the Court and cooperate for
speedy disposal of the case.
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iv) The petitioner shall attend the jurisdictional
Police Station on every first Sunday of
month, till the case registered against him
is disposed of.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 37
