- 1 - NC: 2025:KHC:11124 CRL.P No. 1095 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1095 OF 2025 BETWEEN: NISSAR HUSSAIN @ NICHU AGED ABOUT 35 YEARS, S/O.ABDUL RAZAK, R/AT D.NO.8-100A, 8TH BLOCK, CHOKKABETTU, SURATHKAL, MANGALORE- 575 014 …PETITIONER (BY SRI. MOHAMMED MONISH SOWKAR, ADVOCATE) AND: THE STATE OF KARNATAKA BY SURATHKAL POLICE STATION, MANGALORE, DAKSHINA KANNADA REP. BY THE S.P.P, HIGH COURT BUILDING, BANGALORE-560 001 …RESPONDENT (BY SMT.N.ANITHA GIRISH, ADVOCATE) THIS CRL.P FILED U/S 439 CR.PC, PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH SPL.C.NO.84/2024 ARISIN OUT OF CRIME NO.70/2023, PERTAINING TO SURATHKAL POLICE STATION, FOR THE OFFENCES P/U/S 8(c), 21(c) OF NDPS ACT AND SEC. 34 OF IPC, NOW PENDING IN SPL. C.NO.84/2024 ON THE FILE OF HONBLE COURT OF PRL. DISTRICT AND SESSIONS JUDGE MANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11124 CRL.P No. 1095 of 2025 ORAL ORDER Accused No.2 in Spl.C.No.84/2024 pending before the Court of Principal District and Sessions Judge, D.K. Mangaluru, arising out of Crime No.70/2023 registered by Surathkal Police Station, Mangalore for the offences punishable under Sections 8(c), 21(c) of NDPS Act, 1985, read with Section 34 of IPC is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.70/2023 was registered by Surathkal Police Station, Mangalore against accused No.1 and petitioner herein for the aforesaid offences, on the basis of the first information dated 27.08.2023 submitted by Sharanappa Bhandari, Police Officer attached to CCB Police, Mangaluru. 4. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 28.08.2023. Investigation is completed and charge sheet has been filed against the accused persons, petitioner herein is arrayed as accused No.2 in the charge sheet. His bail application filed in - 3 - NC: 2025:KHC:11124 CRL.P No. 1095 of 2025 Spl.C.No.84/2024 before the Trial Court was rejected on 19.07.2024. Therefore, he had approached this Court. 5. Learned Counsel for the petitioner submits that the contraband article MDMA weighing 32 grams was seized from the possession of accused No.1 and from the possession of the petitioner, 20 grams of contraband article MDMA was seized. Accused No.1 has been granted regular bail by this Court in Crl.Pet.No.8184/2024 on 27.08.2024. Trial in the case is yet to commence. In all the other criminal cases registered against the petitioner, he has been granted bail. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. However, she has not dispute the submission made by the learned counsel for the petitioner. She submits that the petitioner may be put to stringent conditions considering this criminal antecedents. 7. Perusal of the material on record shows that based on credible information received, the first informant along with his staff had apprehended accused Nos.1 and 2 and from the possession of the accused persons totally 52 grams of - 4 - NC: 2025:KHC:11124 CRL.P No. 1095 of 2025 contraband MDMA articles were seized. From possession of accused No.1, 32 grams of contraband MDMA article was seized and from the possession of accused No.2, 20 grams of contraband article was seized. The seized contraband articles which were forwarded to Forensic Science Laboratory, has tested positive for the drug known as Methamphetamine. Considering the fact that the seized contraband article was weighed along with the plastic cover and wax seal, this Court has granted regular bail to accused No.1 in Crl.Pet.No.8184/2024. Seizure of the contraband article was from the person of the accused and therefore, this Court while granting regular bail to accused No.1 has observed that the seized contraband article which was in possession of accused No.1 was of intermediate quantity. Therefore, the contraband articles seized from the possession of the petitioner is also required to be considered as of intermediate quantity. Learned counsel for the petitioner has submitted that in the other criminal cases which are registered against the petitioner, he has been granted regular bail. This submission is not seriously disputed by the learned HCGP. Even accused No.1, who was granted regular bail by this Court was a person with criminal - 5 - NC: 2025:KHC:11124 CRL.P No. 1095 of 2025 antecedents. This Court while granting regular bail to accused No.1 has observed that since the seized contraband article was of intermediate quantity rigor under section 37(1)(b) of the NDPS Act cannot be made strictly applicable to accused No.1. In the present case, the petitioner is in custody from 27.08.2023. The trial in the case is yet to commence and accused No.1 has been already granted regular bail. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.84/2024 pending before the Court of Principal District and Sessions Judge, D.K. Mangaluru, arising out of Crime No.70/2023 registered by Surathkal Police Station, Mangalore for the offences punishable under Sections 8(c), 21(c) of NDPS Act, 1985, read with Section 34 of IPC, subject to the following conditions: - 6 - NC: 2025:KHC:11124 CRL.P No. 1095 of 2025 a) The petitioner 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; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE BN List No.: 1 Sl No.: 35