- 1 - NC: 2025:KHC:12129 CRL.P No. 2825 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2825 OF 2025 BETWEEN: HABEED AHMED @ RIYAN BAI, S/O LATE LATHI AHMED, AGED ABOUT 27 YEARS, RA/T A ZONE, 5TH CROSS, BHARATH NAGARA, AMBEDKAR NAGARA, BEHIND VISHWESHWARAIAH TECHNICAL COLEGE, NEAR RING ROAD, MYSURU CITY - 570 008. …PETITIONER (BY SRI. LETHIF B.,ADVOCATE) AND: STATE OF KARNATAKA, BY CEN CRIME POLICE STATION, MYSURU DISTRICT, REP BY SPP, HIGH COURT BUILIDNG BANGALORE - 560 001. …RESPONDENT (BY SMT.N.ANITHA GIRISH., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THEM ON REGULAR BAIL IN CRIME NO. 29/2024 [SPL.C NO.398/2024] OF CEN CRIME POLICE STATION, MYSURU DISTRICT FOR THE OFFENCE UNDER SECTION 20(b)(ii) (C) OF NDPS ACT, PENDING BEFORE PRINCIPAL DISTRICT AND SESSION JUDGE, MYSURU. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12129 CRL.P No. 2825 of 2025 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 No.3 in Spl.C.No.398/2024 pending before the Court of Principal District and Sessions Judge, Mysuru, arising out of Crime No.29/2024 registered by CEN Crime Police Station Mysuru City, Mysuru, for the offence punishable under Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.29/2024 was registered by CEN Crime Police Station Mysuru City, Mysuru, initially against two persons for the aforesaid offences based on first information dated 30.01.2024 received from Maruti Antaraghatti, police officer attached to CEN Crime Police Station, Mysuru City. - 3 - NC: 2025:KHC:12129 CRL.P No. 2825 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 20.04.2024 and subsequently remanded to judicial custody. Bail application filed before the Trial Court in Spl.C.No.398/2024 was rejected on 13th December, 2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that there is no seizure from the petitioner and he also has no criminal antecedents. Accused Nos.4 to 6 as against whom similar allegations are found in the chargesheet have been granted regular bail by this Court. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP who has opposed the petition 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 the contraband article allegedly ganja has been seized in the present case only from the possession of - 4 - NC: 2025:KHC:12129 CRL.P No. 2825 of 2025 accused Nos.1 and 2 who are in custody. Allegations against accused Nos.3 to 6 in the chargesheet are similar. Accused Nos.4 to 6 have been already granted regular bail by this Court in Crl.P.No.377/2025, Crl.P.No.10299/2024 and Crl.P.No.12910/2024. Petitioner is in custody from 20.04.2024. Investigation of the case is completed and chargesheet has been filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs 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.398/2024 pending before the Court of Principal District and Sessions Judge, Mysuru, arising out of Crime No.29/2024 registered by CEN Crime Police Station Mysuru City, Mysuru, for the offence punishable under Section 20(b)(ii)(C) of NDPS Act, subject to the following conditions: - 5 - NC: 2025:KHC:12129 CRL.P No. 2825 of 2025 a) The petitioner shall execute 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; e) 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 KVR List No.: 1 Sl No.: 27