- 1 - HC-KAR NC: 2025:KHC:23969 CRL.P No. 4097 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4097 OF 2025 BETWEEN: ABRAR SHEIKH, AGED ABOUT 22 YEARS, RESIDING AT FIRDOUS NAGAR, HIBLE, BHATKALA, UTTARAKANNADA DISTRICT - 581 320 …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: THE STATE BY PSI, CEN CRIME POLICE STATION, UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001 …RESPONDENT (BY SRI. B.N. JAGADEESHA, ADDL. SPP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.03/2025 OF CEN CRIME POLICE STATION, UDUPI, REGISTERED FOR O/P/U/S 8(C) 20(B)(II) (A), 22(B) OF NDPS ACT, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23969 CRL.P No. 4097 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is filed by the petitioner – accused No.1 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.13/2025 registered by the respondent – Police for an offence punishable under Section 22(b) of the NDPS Act, 1985. 2. Heard learned counsel for the petitioner and learned Addl.SPP for the respondent and perused the material on record. 3. It is the case of the prosecution that the respondent - police received a credible information on 12.01.2025 that the petitioner – accused No.1 and six others were selling ganja and MDMA weighing about 16 gms having an approximate value of Rs.11,28,000/- near Baindoor Taluk, Udupi and were using a car bearing No.KA-20 MD-7053 for committing the alleged offence. They were apprehended by the police and registered the aforesaid FIR in Crime No.3/2025 against them for alleged offences punishable under Section 22(b) of NDPS Act, 1985. 4. Learned counsel for the petitioner submits that the contraband was not seized or recovered from the petitioner and - 3 - HC-KAR NC: 2025:KHC:23969 CRL.P No. 4097 of 2025 quantity of the same being small, the petitioner may be granted the relief of bail. It is further submitted that the petitioner is ready to co- operate with the investigation and would undertake to abide by the conditions that may be imposed upon him. 5. Per contra, learned Addl.SPP submits that the petitioner is a habitual offender and he is involved in Eight other cases including two NDPS cases and as such, he is not entitled to be released on bail. 6. A perusal of the material on record will indicate that prima facie, the contraband was neither seized nor recovered from the possession or custody of the petitioner – accused No.1, who is also not neither the driver nor owner of the aforesaid vehicle. So also, the quantity involved in the present case is small and the petitioner who undertakes to abide by the terms and conditions to be imposed by this Court, he is entitled to be released on bail subject to certain conditions. 7. Accordingly, the Petition is allowed. The petitioner- accused No.1 is ordered to be released on bail, subject to the following conditions: - 4 - HC-KAR NC: 2025:KHC:23969 CRL.P No. 4097 of 2025 (i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) and shall furnish one surety for the likesum to the satisfaction of the trial Court. (ii) Petitioner shall not tamper or attempt to tamper with any of the prosecution witnesses, directly or indirectly. (iii) Petitioner shall appear before the concerned Court regularly and as and when required. (iv) Petitioner shall mark his attendance before the SHO of the concerned Police Station between 10 a.m. and 2 p.m., once in every two weeks for a period of three months. (v) Petitioner shall not repeat the offences alleged against him in the present petition as well as any other offences including the offences alleged against him in the other proceedings against him. (vi) Petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court. If any of these conditions are violated, the prosecution is at liberty to move the matter for cancellation of bail. Sd/- (S.R.KRISHNA KUMAR) JUDGE HNM/SRL