- 1 - NC: 2025:KHC:13018 CRL.P No. 746 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 746 OF 2025 BETWEEN: 1. KARIM @ ABDUL KARIM, S/O KUNAHALLI, AGED ABOUT 32 YEARS, 9TH PHASE NEAR GURUKUL SCHOOL, ARAKER J.P. NAGAR, BENGALURU, PERMANENT R/AT NIDIYADIKA HOUSE, NETHANGI VILLAGE AND POST, KASARGOD DISTRICT, KERALA STATE - 671 543. 2. NISAR @ NISAR AHAMED, S/O PYAREJAN KHAN, AGED ABOUT 32 YEARS, RA/T NO. AB-57, 3RD CROSS, TIPPUNAGAR, BENGALURU - 560 018. …PETITIONERS (BY SRI. N. RAVINDRANATH KAMATH, SENIOR COUNSEL FOR SRI. MOHAMMED ASHHAR C.K, ADVOCATE) AND: STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION BENGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13018 CRL.P No. 746 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND THE PETITIONERS MAY BE ORDERED TO BE RELEASED ON REGULAR BAIL IN CR.NO.693/2024 ON THE FILE OF ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-33) AT BANGALORE REGISTERED BY MARATHAHALLI POLICE STATION AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 8(c), 22(c) OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime No.693/2024 registered by Marathahalli Police Station, Bengaluru City for offences punishable under Sections 8(c) and 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') are before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.693/2024 was registered by Marathahalli Police Station, Bengaluru City for the - 3 - NC: 2025:KHC:13018 CRL.P No. 746 of 2025 aforesaid offences against the petitioners herein based on the first information dated 16.12.2024 received from Jaychandra H, Police Officer attached to Marathahalli Police Station, Bengaluru City. 4. During the course of investigation of the case, petitioner herein were arrested on 16.12.2024 and subsequently remanded to judicial custody. Bail application filed by the petitioners before the Jurisdictional Sessions Court in Crl.Misc.No.11816/2024 was rejected on 06th January 2025. Therefore, petitioners are before this Court. 5. Learned Senior Counsel appearing for the petitioners having reiterated the grounds urged in this petition submits that charge sheet is not filed in the present case till date. 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Senior Counsel for the petitioner. - 4 - NC: 2025:KHC:13018 CRL.P No. 746 of 2025 7. The contraband article allegedly MDMA totally weighing 20 grams was seized in the present case from the possession of the petitioners. The sample of the contraband article which was forwarded to Forensic Science Laboratory has now tested positive to a drug known as methamphetamine. Therefore as per the relevant notification issued under the provisions of the Act, the seized contraband article which is now found to be methamphetamine is of intermediate quantity. 8. It is not in dispute that charge sheet in the present case has not yet been filed. Petitioners do not have criminal antecedents. Petitioners are in custody from 16.12.2024 and the contraband article seized from their possession is of intermediate quantity. Since the prosecution has not completed investigation and filed the charge sheet in the present case till date, petitioners are entitled for statutory bail. Accordingly, the following:- ORDER The petition is allowed. - 5 - NC: 2025:KHC:13018 CRL.P No. 746 of 2025 The petitioners are directed to be enlarged on bail in Crime No.693/2024 registered by Marathahalli Police Station, Bengaluru City for offences punishable under Sections 8(c) and 22(c) of NDPS Act, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without - 6 - NC: 2025:KHC:13018 CRL.P No. 746 of 2025 permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 26 CT: BHK