- 1 - NC: 2025:KHC:14692 CRL.P No. 3631 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3631 OF 2025 BETWEEN: SRI. AYAZULLA KHAN S/O. JIYAULLAKHAN AGED ABOUT 23 YEARS R/AT NO.166/6, 8TH CROSS LAWYER PALYA, DEEPANJALINAGAR, BANGALORE. …PETITIONER (BY SRI. G RAKESH RAJ, ADVOCATE) AND: STATE OF KARNATAKA JAGJIVANRAM NAGAR P.S. BANGALORE, REP BY SPP HIGH COURT OF KARNATAKA, BENGALURU. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL.S.P.P.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE ABOVE PETITIONER / ACCUSED NO.1 ON BAIL IN SPL.C.C NO.18/2025 OF CRIME NO.144/2024 REGISTERED O/P/U/S 22(B) OF NDPS ACT REGISTERED BY RESPONDENT POLICE, PENDING BEFORE THE COURT OF CCH XXXIII ADDL CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE (NDPS), BENGALURU. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:14692 CRL.P No. 3631 of 2025 ORAL ORDER Accused No.1 in Spl.C.C.No.18/2025 pending before the Court of XXXIII Additional City Civil & Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.144/2024 registered by Jagajeevanram Nagar Police Station, Bengaluru, for offence punishable under Section 22(b) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, 'NDPS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.144/2024 was registered by Jagajeevanram Nagar Police Station, Bengaluru for the aforesaid offence against unknown persons on the basis of the first information dated 06.09.2024 received from Maheshappa - Head Constable attached to Jagajeevanram Nagar Police Station. 4. During the course of investigation of the case, petitioner was arrested on 06.09.2024 and subsequently, remanded to judicial custody. Investigation of the case is - 3 - NC: 2025:KHC:14692 CRL.P No. 3631 of 2025 completed and the charge sheet has been filed against him for the aforesaid offence. Bail application filed by the petitioner in Crl.Mis.No.436/2025 before the Jurisdictional Sessions Court which was rejected on 22.02.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that seized contraband articled has now tested positive to a drug known as Methamphetamine. Therefore, contraband is of intermediate quantity. Even in the earlier criminal case registered against the petitioner for the offence punishable under Section NDPS Act, contraband article involved is of intermediate quantity. Petitioner is a youngster aged about 23 years and his wife is now pregnant. Accordingly, prays to allow the petition. 6. Per contra, learned Additional SPP has opposed the petition. She submits that petitioner is a person with criminal antecedents and therefore, his bail application is liable to be rejected. 7. Perusal of the material on record would go to show that, based on credible information received on 06.09.2024, - 4 - NC: 2025:KHC:14692 CRL.P No. 3631 of 2025 the petitioner was apprehended and from his possession contraband article allegedly MDMA, totally weighing 15.88 grams was seized. The seized contraband article was subsequently forwarded to the FSL for examination and the report now received from FSL would go to show that the sample of contraband article has tested positive to the drug known as Methamphetamine. As per the relevant notification under NDPS Act, the seized contraband article now found to be Methamphetamine weighing 15.88 grams amounts to intermediate quantity. In the earlier criminal case registered against the petitioner, he has been enlarged on bail. It is not in dispute that even in the earlier criminal case registered against the petitioner for the offence punishable under NDPS Act, seized contraband article allegedly ganja was of intermediate quantity. Petitioner aged about 23 years is in custody from 06.09.2024. Investigation of the case is completed and the charge sheet is filed. 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. Accordingly, the following:- - 5 - NC: 2025:KHC:14692 CRL.P No. 3631 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. Crime No.144/2024 registered by Jagajeevanram Nagar Police Station, Bengaluru, for offence punishable under Section 22(b) of NDPS Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; - 6 - NC: 2025:KHC:14692 CRL.P No. 3631 of 2025 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 SPV List No.: 1 Sl No.: 66