- 1 - NC: 2025:KHC:6273 CRL.P No. 680 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 680 OF 2025 BETWEEN: SRI. MOHAMMED SALEEM S/O DADAPEER AGED ABOUT 39 YEARS R/AT NO 151, 4TH CROSS NEAR MOHAMADIYA MASJID SHANTHI NAGAR MYSURU CITY 570024 …PETITIONER (BY SRI. RAJA K P., ADVOCATE) AND: STATE BY NARASIMHARAJA POLICE STATION REP. BY HIGH COURT OF KARNATAKA AT BANGALORE SPP 560001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN SPL.C NO.581/2024 ARISING OUT OF CRIME NO.106/2024 FOR AN OFFENCE PUNISHABLE UNDER SECTION 21(C) OF NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 OF NARASIMHARAJA P.S., MYSORE CITY, NOW CASE IS PENDING BEFORE LEARNED VII ADDL. DISTRICT AND SESSIONS JUDGE AT MYSORE.THE VII ADDL. SESSIONS JUDGE, MYSURU HAS DISMISSED THE BAIL PETITION ON 13.12.2024 IN SPL.C.581/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6273 CRL.P No. 680 of 2025 ORAL ORDER Petitioner/accused No.3 has preferred this petition praying to enlarge him on bail in Crime No.106/2024 of Narasimharaja Police Station, Mysuru, registered for the offence punishable under Sections 21(c) and 22(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 [for short, 'NDPS Act']. 2. Heard both sides and perused the material on record. 3. Charge sheet is filed against accused Nos.1 to 3 for the offence punishable under Section 21(c) of the NDPS Act. 4. It is the case of prosecution that, on 11.07.2024 at about 4.30pm, when the complainant, PSI of Narasimharaja Police Station along with his staff, was patrolling near RTO office, Hale Kesere Road, Devanuru village, Mysuru, noticed three persons standing behind the RTO Office. On seeing the police, they threw something and tried to escape and therefore, they were apprehended - 3 - NC: 2025:KHC:6273 CRL.P No. 680 of 2025 by the police. It was found that the packet which was thrown by the accused contained some white powder. As per FSL examination, the said substance tested positive for Methamphetamine. 5. According to the prosecution, all the three accused were in possession of the contraband weighing about 11.52 grams, valued at about Rs.75,000/-. 6. Learned High Court Government Pleader has contended that all the accused were apprehended together and commercial quantity of MDMA has been seized from them and therefore, there is a prima facie case. He further contended, the offence being heinous in nature, petitioner is not entitled for bail. Accordingly, sought to dismiss the petition. 7. A perusal of the entire material on record goes to show that among three accused, accused No.1 was holding a packet and on seeing the police, he threw the said packet which contained a white powder weighing 11.52 grams. In FIR it is alleged that the substance seized was - 4 - NC: 2025:KHC:6273 CRL.P No. 680 of 2025 MDMA/Methamphetamine. As per FSL report, the said substance tested positive for Methamphetamine, wherein the commercial quantity would be 50 gms. Petitioner was not in exclusive possession of the drug. Merely because the petitioner was present along with accused No.1 and tried to flee away, it cannot be said that he too is involved or there is a prima facie case against him. Petitioner has no criminal antecedents. Similarly placed accused No.2 has been enlarged on bail by this court in Criminal Petition No.14213/2024 dated 07.01.2025. On similar terms and conditions, petitioner can be admitted to bail. Accordingly, the following:- O R D E R a) Petition is allowed. b) Petitioner/accused No.3 in Spl.C.No.581/2024 pending on the file of VII Additional District and Sessions Judge, Mysuru (Crime No.106/2024 of Narasimharaja Police Station), shall be released on bail subject to following conditions: - 5 - NC: 2025:KHC:6273 CRL.P No. 680 of 2025 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE NV List No.: 1 Sl No.: 38