- 1 - HC-KAR NC: 2025:KHC:18821 CRL.P No. 3681 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3681 OF 2025 BETWEEN: MAHAMMAD MUSTHAFA, S/O ABDUL RAHIMAN, AGED ABOUT 34 YEARS, R/AT VIDYAPURA HOUSE, KABAKA VILLAGE, PUTTUR TALUK, D K DISTRICT - 574 220. …PETITIONER (BY SRI. ABDUL ANSAR P.,ADVOCATE) AND: THE STATE OF KARNATAKA, BY PUTTUR TOWN P.S., REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 01. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.5005/2025 REGISTERED BY PUTTUR TOWN P.S., IN CR.NO.108/2024 FOR THE ALLEGED OFFENCSE U/S 8(C), 22(B) OF NDPS, PENDING IN THE FILE OF HONBLE COURT OF V ADDL. DIST. AND SESSIONS JUDGE AND SPECIAL JUDGE, D.K. MANGALURU SITTING AT PUTTUR, D.K. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18821 CRL.P No. 3681 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.No.5005/2025 pending before the Court of V Additional District and Sessions Judge and Special Judge, Dakshina Kannada, Mangaluru, sitting at Puttur, Dakshina Kannada, arising out of Crime No.108/2024 registered by Puttur Town Police Station, Dakshina Kannada District for offences punishable under Sections 8(c), 22(B) and 27(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is 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.108/2024 was registered by Puttur Town Police Station, Dakshina Kannada District initially for offences punishable under Section 8(c), 22(B) of NDPS Act against petitioner herein, based on the first information dated 27.11.2024 received from Ashok Kumar, - 3 - HC-KAR NC: 2025:KHC:18821 CRL.P No. 3681 of 2025 police officer attached to Puttur Town Police Station, Dakshina Kannada District. 4. During the course of investigation of the said case, petitioner herein was arrested on 27.11.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the trial Court in Spl.C.No.5005/2025 was rejected on 17th February, 2025. Therefore, petitioner is before this court. 5. Learned Counsel for the petitioner submits that seized contraband article in the present case is of intermediate quantity. Petitioner is in custody for the last more than six months. Investigation of the case is completed and charge sheet has been filed. Petitioner is a married man having wife and children and he is the sole breadwinner of his family. Accordingly, he prays to allow this petition. - 4 - HC-KAR NC: 2025:KHC:18821 CRL.P No. 3681 of 2025 6. Per contra, learned HCGP has opposed the petition and submits that petitioner is a person with criminal antecedents and he was involved in another criminal case registered by the very same police station in Crime No.48/2024. Accordingly, he prays to dismiss this petition. 7. Material on record would go to show that on 27.11.2024 when the petitioner was riding his motorbike bearing registration No.KA-51-Y-4382 the same was randomly stopped by the police office for the purpose of inspection. The petitioner allegedly tried to escape from the spot and therefore, he was apprehended and on verification, he allegedly informed that he was in possession of contraband article MDMA and it is in this background, petitioner was brought to the police station and FIR in Crime No.108/2024 was registered against him by Puttur Town Police Station, Dakshina Kannada District. From the motorbike of the petitioner the contraband article allegedly MDMA totally weighing 7.32 grams was - 5 - HC-KAR NC: 2025:KHC:18821 CRL.P No. 3681 of 2025 seized and subjected to panchanama. Subsequently, petitioner was arrested and remanded to judicial custody. The seized contraband article which was sent to Forensic Science Laboratory for examination has now tested positive for a drug known as Methamphetamine. 7.32 grams of methamphetamine is considered as an intermediate quantity under the relevant notification issued under the provision of NDPS Act. 8. Learned Counsel for the petitioner has produced FIR in Crime No.48/2024 registered by Puttur Town Police Station, Dakshina Kannada District against the petitioner and perusal of the same would go to show that even in the said case the contraband article seized from the possession of the petitioner and other accused persons was of intermediate quantity. In the said case petitioner was granted regular bail by the Jurisdictional Sessions Court. - 6 - HC-KAR NC: 2025:KHC:18821 CRL.P No. 3681 of 2025 9. So far as the present case is concerned, petitioner is in custody for a period of more than six months and the seized contraband article is of intermediate quantity. Therefore, the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable to the case of the petitioner. Material on record would go to show that petitioner is a married man having children and it is submitted by the learned Counsel for the petitioner he is the sole breadwinner of his family. Considering the aforesaid aspects of the matter and more so, the quantity of contraband article seized from the possession of the petitioner, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Apprehension expressed by the learned HCGP can be taken care of by imposing appropriate conditions on the petitioner. Accordingly, the following:- ORDER The petition is allowed. - 7 - HC-KAR NC: 2025:KHC:18821 CRL.P No. 3681 of 2025 The petitioner is directed to be enlarged on bail in Spl.C.No.5005/2025 pending before the Court of V Additional District and Sessions Judge and Special Judge, Dakshina Kannada, Mangaluru, sitting at Puttur, Dakshina Kannada, arising out of Crime No.108/2024 registered by Puttur Town Police Station, Dakshina Kannada District for offences punishable under Sections 8(c), 22(B) and 27(B) of the NDPS Act, subject to the following conditions: 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 before the Station House Officer of Puttur Town Police Station, Dakshina Kannada District on the first Sunday of every month and mark his attendance between 10:00 a.m. and 1:00 p.m., till the case is registered against him is disposed off; c) The petitioner shall appear regularly on all the dates of hearing before the Trial - 8 - HC-KAR NC: 2025:KHC:18821 CRL.P No. 3681 of 2025 Court unless the Trial Court exempts his appearance for valid reasons; d) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; e) The petitioner shall not involve in similar offences in future; (f) The state is at liberty to cancellation of bail in the event petitioner violates any one of the bail conditions imposed above. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 50