- 1 - NC: 2025:KHC:15183 CRL.P No. 4136 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4136 OF 2025 BETWEEN: SRI RASHEED AMBALATHARA S/O IBRAHIM AGED ABOUT 35 YEARS PRESENTLY R/AT NO.KUBERA RESIDENCY, 6TH MAIN ROAD 20TH CROSS, N S PALYA BTM LAYOUT, BANGALORE CITY - 560 076 PERMANENTLY R/AT M M HOUSE AMBALATTARA, PULLURU VILLAGE POST KASARAGODU, KERALA - 695 026. …PETITIONER (BY SRI GAURAV SUBRAMANYAM, ADV.) AND: STATE OF KARNATAKA BY NARASIMHARAJA P.S. MYSURU, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.NO.581/2025 (CR.NO.106/2024) OF THE RESPONDENT NARASIMHA RAJA P.S.MYSORE FOR THE OFFENCE P/U/S 21(c) OF NDPS ACT PENDING ON THE FILE OF THE HONBLE VII ADDL.DISTRICT AND SESSIONS JUDGE AT MYSORE. 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:15183 CRL.P No. 4136 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Special Case No.581/2025 pending before the Court of VII Addl. District and Sessions Judge, Mysuru, arising out of Crime No.106/2024 registered by Narasimharaja Police Station, Mysuru City, for the offence punishable under Section 21(c) the NDPS Act, 1985, 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.106/2024 was registered by Narasimharaja Police Station, Mysuru City, against petitioner and two others for the aforesaid offence based on the first information dated 11.07.2024 received from Chandrashekar S. Itagi, Police Sub-Inspector attached to Narasimharaja Police Station, Mysuru City. During the course of investigation, petitioner herein was arrested on 11.07.2024 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Spl.Case - 3 - NC: 2025:KHC:15183 CRL.P No. 4136 of 2025 No.581/2024 was rejected on 13.12.2024. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that on 11.07.2024, first informant and his staff had apprehended accused persons named in the FIR and from their possession, contraband article allegedly MDMA totally weighing 11.52 grams was seized and subjected to panchanama. Subsequently, apprehended accused were arrested and remanded to judicial custody. Sample of the seized contraband article was forwarded to FSL for chemical examination and the test report would go to show that the sample of the contraband article has now tested positive to a drug known as ‘methamphetamine’. 11.52 grams of methamphetamine is considered as intermediate quantity under the relevant Notification issued under the provisions of NDPS Act, 1985. Undisputedly, petitioner has no other criminal antecedents and he is in custody from 11.07.2024. The rigour under Section 37(1)(b) of the NDPS Act, 1985, cannot be made applicable to the case of the petitioner since the contraband article seized is of intermediate quantity. Therefore, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- - 4 - NC: 2025:KHC:15183 CRL.P No. 4136 of 2025 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.581/2025 pending before the Court of VII Addl. District and Sessions Judge, Mysuru, arising out of Crime No.106/2024 registered by Narasimharaja Police Station, Mysuru City, for the offence punishable under Section 21(c) the NDPS Act, 1985, subject to the following conditions: a) Petitioner shall execute a 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said - 5 - NC: 2025:KHC:15183 CRL.P No. 4136 of 2025 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN