- 1 - NC: 2025:KHC:14137 CRL.P No. 4131 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4131 OF 2025 BETWEEN: 1. SHAHID PUTTUPPA RAMBIL BASHEER (AS PER REMAND APPLICATION) S/O BASHEER PUTTUPPA RAMBIL SHEIK, AGED ABOUT 39 YEARS R/AT. HOUSE NO.1-234/8 PULKERI BYPASS, SANOOR POST AND VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574 114. 2. SHEIK SALMAN @ SALMAN @ M.K BRO (AS PER REMAND APPLICATION) S/O SHEIK ALI AGED ABOUT 26 YEARS R/AT. NO.237, 3RD CROSS VARADARAJA NAGARA SINGAPORE MAIN ROAD VIDYARANYAPURA POST BANGALORE - 560 097. …PETITIONERS (BY SRI PRATHEEK R SHETTY, ADV.) AND: STATE OF KARNATAKA BY INSPECTOR OF POLICE KARKALA TOWN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14137 CRL.P No. 4131 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.146/2024 REGISTERED BY THE KARKALA TOWN P.S., ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI, FOR THE OFFENCES P/U/S 8(c),22(b) OF NDPS ACT U/S 3(5) OF THE BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.5 and 6 in Crime No.146/2024 registered by Karkala Town Police Station, Udupi, for the offences punishable under Sections 8(c) and 22(b) of the NDPS Act, 1985 and Section 3(5) of BNS, 2023, are 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.146/2024 was registered by Karkala Town Police Station, Udupi, for the aforesaid offences against Althaf and another based on the first information dated 25.08.2024 received from Manjappa, Police Officer attached to Karkala Town Police Station, Udupi. During the course of investigation, petitioners herein/accused No.5 and 6 were arrested on 30.08.2024 and 27.09.2024 respectively. In the - 3 - NC: 2025:KHC:14137 CRL.P No. 4131 of 2025 remand application, petitioners are arraigned as accused Nos.5 and 6. Their bail application filed before the jurisdictional Sessions Court in Crime No.146/2024 was rejected on 16.01.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that accused No.1 has been granted regular bail by this Court in Crl.P.No.2215/2025 and accused Nos.8 and 9 have been granted anticipatory bail by this Court in Crl.P.No.13733/2024 and Crl.P.No.12957/2024. The allegation against petitioners and accused Nos.8 and 9 are similar. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. A perusal of the material on record would go to show that petitioners herein were arrested during the course of investigation on 30.08.2024 and 27.09.2024 respectively. Undisputedly, in the present case, there is no seizure of any contraband article from the petitioners. Accused No.1 was arrested in the present case and from his possession, contraband article allegedly MDMA totally weighing 3.26 grams was recovered. Accused No.1 has been granted regular bail by - 4 - NC: 2025:KHC:14137 CRL.P No. 4131 of 2025 this Court in Crl.P.No.2215/2025. Based on the confession of accused No.1, police subsequently had arrested accused Nos.3 and 4 and from possession of accused No.3 Giriraju, contraband article MDMA totally weighing 268 grams was seized. The allegation against accused Nos.5 and 6 is that they had supplied the said contraband article to accused No.3. However, the fact remains that from the possession of petitioners, no contraband article has been seized in the present case. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.146/2024 registered by Karkala Town Police Station, Udupi, for the offences punishable under Sections 8(c) and 22(b) of the NDPS Act, 1985 and Section 3(5) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - NC: 2025:KHC:14137 CRL.P No. 4131 of 2025 b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN