- 1 - NC: 2025:KHC:7424 CRL.P No. 377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 377 OF 2025 BETWEEN: NAWAZ @ NAWAZ KHAN, S/O NAZIR BABU, AGED ABOUT 28 YEARS, R/AT: NO.266, 9TH CROSS, NEHARU NAGARA, NEAR RING ROAD, SHANTHI NAGARA MYSURU CITY - 570 029 …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: STATE OF KARNATAKA, BY CEN CRIME POLICE STATION, MYSURU DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001 …RESPONDENT (BY SRI. VENKATSATHYANARAYAN, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THEM ON BAIL IN CR.NO.29/2024 (SPL.C.NO.398/2024) OF CEN CRIME P.S., MYSURU DISTRICT, FOR THE OFFENCE U/S 20(B)(II)(C) OF NDPS ACT, PENDING BEFORE PRINCIPAL DISTRICT AND SESSION JUDGE, MYSURU. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:7424 CRL.P No. 377 of 2025 ORAL ORDER The petitioner-accused No.5 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.29/2024 of CEN Crime Police Station, pending in Spl.C.No.398/2024 , on the file of the learned Principal District and Session Judge, Mysuru, registered for the offences punishable under Section 20(b)(ii)(C) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS'), on the basis of the first information lodged by the informant - Maruti Antaraghatti. 2. Heard Sri.Lethif B, learned counsel for the petitioner and Sri. Venkatsathyanarayan, learned High Court Government Pleader for the respondent -State. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” - 3 - NC: 2025:KHC:7424 CRL.P No. 377 of 2025 My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. The petitioner being accused No.5 is seeking grant of bail. He was apprehended on 20.04.2024 and since then, he is in judicial custody. After investigation, the charge sheet came to be filed against accused Nos. 1 to 6. It is the contention of the prosecution that accused Nos. 1 and 2 were proceeding in the Bolero vehicle and they were found in possession of more than 86kgs of ganja. The same was recovered and their confessional statements were recorded, wherein, it is stated that the contraband was intended to be sold to accused Nos. 3, 4 and 5. During investigation, it is also revealed that accused Nos. 3 and 4 were having regular contact with accused No.2 over phone and also through whatsapp chats. Admittedly, accused Nos. 4 and 6 are already enlarged on bail. Under such circumstances, I am of the opinion that the petitioner is also entitled for grant of bail. Hence, I am of the opinion that the petitioner may be enlarged on bail subject to conditions, which will take care of the interest of the prosecution. - 4 - NC: 2025:KHC:7424 CRL.P No. 377 of 2025 5. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.29/2024 of CEN Crime Police Station, pending in Spl.C.No.398/2024 , on the file of the learned Principal District and Session Judge, Mysuru, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The petitioner shall not commit similar offences. b). The petitioner shall not threaten or tamper with the prosecution witnesses. c). The petitioner shall appear before the Court as and when required. If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the - 5 - NC: 2025:KHC:7424 CRL.P No. 377 of 2025 documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail. Sd/- (M G UMA) JUDGE SPV List No.: 2 Sl No.: 11