SRI SAGAR S/O SURESH MORE vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16725
CRL.P No. 102592 of 2026
CNR: KAHC020175832026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102592 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
SRI SAGAR S/O. SURESH MORE,
AGE: 29 YEARS, OCC: PAINTER,
R/O. H.NO.626/2, AMBEDKAR GALLI,
UCHAGAON, BELAGAVI- 591128.
…PETITIONER
(BY SRI. ROHIT N. LATUR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
R/BY THE PSI UDYAMBAG P.S.
TQ/AND DIST: BELAGAVI- 590008,
R/BY HCGP, HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
… RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO. 1 ON
REGULAR BAIL IN CRIME NO. 80/2026 OF UDYAMBAG POLICE
STATION, PENDING BEFORE THE II ADDL. DISTRICT AND SESSIONS
JUDGE, BELAGAVI FOR THE OFFENCE PUNISHABLE UNDER SECTION
20(b)(ii)(B) OF NDPS ACT, 1985.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-D:16725
CRL.P No. 102592 of 2026
CNR: KAHC020175832026
ORAL ORDER
PER: HON'BLE MR. JUSTICE VENKATESH NAIK T
This criminal petition is filed by the petitioner/accused
No.1 under Section 439 of Cr.P.C. seeking regular bail in Crime
No.80/2026, registered for the offences punishable under
Section 20(b)(ii)(B) of The Narcotic Drugs And Psychotropic
Substances, Act, 1985 (for short 'NDPS' Act), pending on the
file of learned II Additional District and Sessions Judge,
Belagavi,.
2. Brief facts of the prosecution case in nutshell are as
under;
de facto
On 19.08.2026 at about 11:05 a.m., the
complainant received credible information regarding the selling
of ganja on the public road near Foundary Cluster, Utsav Cross,
Double Road within the jurisdiction of Udyambag Police Station,
de facto
Belagavi. Hence, the complainant secured his staff and
panchas, conducted a raid and seized 1.212 kilograms of ganja
and a motorcycle under a seizure panchanama and lodged the
complaint. On the basis of the complaint, the SHO of
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HC-KAR
NC: 2026:KHC-D:16725
CRL.P No. 102592 of 2026
CNR: KAHC020175832026
Udyambag Police Station, Belagavi registered a case and the
petitioner was arrested and remanded to judicial custody.
Hence, this petition.
3. Learned counsel for the petitioner contends that the
material seized in the present case consists of cannabis plants,
and not “ganja”, and therefore, the entire seized material
cannot be brought within the definition of “ganja” as
contemplated under Section 2(iii)(b) of the NDPS Act. It is
further contended that the Investigating Officer has not
separated the flowering and fruiting tops of the cannabis plants
from the other parts of the plants so as to establish that the
seized material constitutes “ganja”. It is submitted that the
seeds, leaves, stems, roots and branches of the cannabis plants
have all been weighed together, though the entire plant cannot
be treated as “ganja” for the purpose of determining the
quantity of the contraband. Learned counsel further contended
that the custodial interrogation of the petitioner is no longer
required. On these grounds, learned counsel for the petitioner
prays that the petition be allowed and the petitioner be
enlarged on bail.
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HC-KAR
NC: 2026:KHC-D:16725
CRL.P No. 102592 of 2026
CNR: KAHC020175832026
Per contra
2. , learned HCGP appearing for respondent
State contends that what has been seized from the possession
of petitioner/accused is commercial quantity of ganja and
therefore, the petitioner is not entitled for grant of bail. It is
contended that if the petitioner is granted bail, he may indulge
in similar offences and also threaten the prosecution witnesses
and flee from justice. Hence, learned HCGP prayed to reject the
petition.
3. Heard Sri.Rohit L.Latur, learned counsel appearing
for the petitioner and Sri Jairam Siddi, learned HCGP appearing
for respondent-State.
4. Having regard to the submissions made by learned
counsel for the petitioner and learned HCGP, this Court has
gone through the charge sheet material. The complainant
conducted raid in the land of the petitioner, where he had
allegedly grown ganja plants. The complainant in all seized
1.212 kilograms, which includes seeds, leaves, stem, branches,
roots along with flowering/fruiting parts. The Investigating
Officer has not separated them and the ganja was not
separately weighed. Section 2(iii)(b) defines 'ganja' as
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NC: 2026:KHC-D:16725
CRL.P No. 102592 of 2026
CNR: KAHC020175832026
flowering or fruiting tops of ganja plant (excluding seeds and
leaves when not accompanied by tops) by whatever name, they
may be known or described. Therefore, the complainant ought
to have separated the flowering or fruiting tops of the cannabis
plant in order to bring the same under the definition of ganja,
which is punishable under NDPS Act, which is not done in the
present case. In case, the flowering or fruiting tops were
separated and weighed, the quantity would have been different
and it would have been less than commercial quantity. Even
accepting the submission of learned HCGP that there is
violation of Section 20(a), no records are found that they are
growing ganja plants, the alleged offence is punishable with
rigorous imprisonment for term which may extend to 10 years
and shall also be liable to fine which may extend to Rs.1.00
lakh. Hence, considering the fact that the petitioner is a
permanent resident of Ambedkar Galli, Uchagaon, Belagavi,
this Court is of the considered opinion that, the petitioner is
also entitled for grant of bail.
5. Having regard to the facts and circumstances of the
case, looking into the nature of allegation made against the
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CRL.P No. 102592 of 2026
CNR: KAHC020175832026
petitioner, gravity of offence, severity of punishment, chances
of petitioner absconding or fleeing away from justice if released
on bail, character and antecedents of the petitioner tampering
of the prosecution witnesses, the petitioner is entitled for grant
of bail by imposing certain conditions. Accordingly, the Court
proceeds to pass the following;
ORDER
allowed
Criminal petition is .
The trial Court is directed to release the
petitioner/accused No.1 in Crime No.80 of 2026 of Udyambag
Police Station, pending on the file of learned II Additional
District and Sessions Judge, Belagavi, registered for the
offences punishable under Section 20(b)(ii)(B) of NDPS Act,
1985 subject to the following conditions:
i) The petitioner shall execute a personal bond
in a sum of Rs.2,00,000/- (Rupees two lakh
only) with two sureties for the likesum to the
satisfaction of the trial Court;
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CRL.P No. 102592 of 2026
CNR: KAHC020175832026
ii) The petitioner shall not threaten or tamper
with the prosecution witnesses directly or
indirectly;
iii) The petitioner shall co-operate with the
Investigating Officer, until completion of the
investigation;
iv) The petitioner shall not involve in similar
offences in future, and
v) The petitioner shall mark his attendance
before the respondent-Police, viz.,
Investigating Officer/Station House Officer
once in every fortnight i.e., on first and
fifteenth of every month between 10.00 a.m.
and 5.00 p.m. for a period of six months or
till filing of final report, whichever is earlier.
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail .
Sd/-
(VENKATESH NAIK T)
JUDGE
AM/-
CT:GSM
List No.: 1 Sl No.: 45