- 1 - NC: 2025:KHC:9809 CRL.P No. 2215 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2215 OF 2025 BETWEEN: MR. ALTAF S/O AIYUB SAHEB AGED ABOUT 35 YEARS R/AT IFA MANZIL, PARANEER BANGLEGUDDE, KASABA VILLAGE, KARKALA - 574 104. …PETITIONER (BY SRI PRATHEEK R SHETTY, ADV.) AND: STATE OF KARNATAKA BY INSPECTOR OF POLICE KARKALA TOWN POLICE STATION UDUPI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.146/2024 REGISTERED BY KARKALA TOWN P.S., ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI, FOR THE OFFENCES P/U/S 8(c) AND 22(b) OF NDPS ACT, U/S 3(5) OF THE BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9809 CRL.P No. 2215 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.146/2024 registered by Karkala Town Police Station, Udupi District for the offences punishable under Sections 8(c), 22(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) & Section 3(5) of the BNS, 2023 is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.146/2024 was registered by Karkala Town Police Station, Udupi District against petitioner herein and another for the aforesaid offences on the basis of first information dated 25.08.2024 received from Sri Manjappa D.R, Police officer, attached to Karkala Town Police Station. During the course of investigation of the case, the petitioner who was arrested in Crime No.145/2024 registered by the very same Police Station was produced before the Court under body warrant on - 3 - NC: 2025:KHC:9809 CRL.P No. 2215 of 2025 14.09.2024 and on the said date, he was remanded to judicial custody in the present case. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crime.No.146/2024 was dismissed on 16.01.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that in Crime No.145/2024 the petitioner has been enlarged on bail. In the present case, even if the allegation found in the first information is presumed to be true, the seized contraband article from the possession of the petitioner is of intermediate quantity. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has seriously opposed the petition. However, she does not dispute the submission made by the learned counsel for the petitioner. 7. Perusal of the material on record would go to show that FIR in Crime No.145/2024 was registered - 4 - NC: 2025:KHC:9809 CRL.P No. 2215 of 2025 against the petitioner for the offences punishable under Section 138, 64 & 3(5) of the BNS,2023 and during the course of investigation of the said case, from the car bearing registration No.KA-14-MB-1329 belonging to the petitioner contraband article allegedly MDMA weighing 3.26 grams was recovered and thereafter first information in the present case in Crime No.146/2024 was registered and the petitioner is in custody in the present case from 14.09.2024. 8. Learned counsel for the petitioner has submitted that the petitioner has been granted regular bail in Crime No.145/2024 in Crl.Misc.No.353/2024 by the jurisdictional Sessions Court and also has produced the copy of the said order. Insofar as the present case is concerned, the seized contraband article is of intermediate quantity and the petitioner is in custody for the last more than five months. Accused Nos.8 and 9 in this case have been granted anticipatory bail by this Court in Crl.P.No.13733/2024 and Crl.P.No.12957/2024. - 5 - NC: 2025:KHC:9809 CRL.P No. 2215 of 2025 9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 10. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.146/2024 registered by Karkala Town Police Station, Udupi District for the offences punishable under Sections 8(c), 22(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 & Section 3(5) of the BNS, 2023, subject to the following conditions: 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 Investigation Officer; 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; - 6 - NC: 2025:KHC:9809 CRL.P No. 2215 of 2025 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; e) The petitioner shall mark his attendance on every Sunday before the SHO, Karkala Town Police Station, till investigation is completed in the present case. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS