Sri. Madhuraju Vs the State of Karnataka

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NC: 2026:KHC:8913 CRL.P No. 15751 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15751 OF 2025 [(439(Cr.PC) / 483(BNSS)]

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BETWEEN:

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SRI. MADHURAJU S/O MADHA, AGE ABOUT 40 YEARS, R/AT: KUDALURU VILALGE, HANUR TALUK, CHAMARAJANAGARA DISTRICT - 571 444.

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…PETITIONER

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(BY SRI. NARAYANASWAMY K.N., ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA RAMAPURA P.S. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU - 560 001.

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…RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP)

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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

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NC: 2026:KHC:8913 CRL.P No. 15751 of 2025

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HC-KAR

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NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.1 under Section

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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.

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Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State.

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Learned counsel for petitioner would contend

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that, the total quantity of contraband seized is 1.840 kgs. While weighing the said contraband, it is weighed including

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3 - NC: 2026:KHC:8913 CRL.P No. 15751 of 2025

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HC-KAR

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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.

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Per contra, learned High Court Government

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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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NC: 2026:KHC:8913 CRL.P No. 15751 of 2025

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HC-KAR

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punishable with imprisonment which may extend to ten

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(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.

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Having heard the learned counsels appearing

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for parties, the Court has perused the charge sheet and other materials placed on record.

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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

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has been defined in Section 2(iii)(b) of NDPS Act, is as under:

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2. Definitions- In this Act, unless the context otherwise requires,

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(i) xxxx

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(ii) xxxx

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(iii) "cannabis (hemp)" means—

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(a) xxxxx

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HC-KAR

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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."

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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

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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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NC: 2026:KHC:8913 CRL.P No. 15751 of 2025

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HC-KAR

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Considering all the above aspects, the petitioner

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has made out a case for grant of bail with conditions. In the result, the following;

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ORDER

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The Criminal Petition is allowed . The petitioner is granted bail in Crime No.120/2025 of Ramapura Police Station, subject to following conditions:

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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.

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ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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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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HC-KAR

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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.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 37

Sri. Madhuraju v. the State of Karnataka

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Sri. Madhuraju v. the State of Karnataka

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