- 1 - HC-KAR NC: 2025:KHC:22437 CRL.P No. 5800 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5800 OF 2025 BETWEEN: MOHAMMED MAAZ, S/O. LATE AMJAD PASHA, AGED ABOUT 28 YEARS, R/AT. 2ND CROSS, TIPPU NAGAR, HASSAN - 573 201. (NOW IN J.C) …PETITIONER (BY SMT. MEENAKSHI K., ADVOCATE) AND: STATE OF KARNATAKA BY HASSAN CITY POLICE STATION, HASSAN DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT.WAHEEDA.M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.39/2025 OF RESPONDENT HASSAN CITY POLICE, FOR THE OFFENCES P/U/S 8(C), 22(C) OF NDPS ACT, 1985, U/S 112 OF THE BNS, 2023, PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT HASSAN. 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:22437 CRL.P No. 5800 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.39/2025 registered by Hassan City Police Station, Hassan Distrct, for offences punishable under Section 8(C), 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Section 112 of BNS, 2023 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.39/2025 was registered by Hassan City Police Station, Hassan Distrct, for the aforesaid offences against Fazlu Ahmed and 4 others, based on the first information dated 26.03.2025 received from Mohan Krishna P, police officer attached to Hassan City Police Station, Hassan Distrct. 4. During the course of investigation of the case, petitioner was arrested on 26.03.2025 and subsequently - 3 - HC-KAR NC: 2025:KHC:22437 CRL.P No. 5800 of 2025 remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and petitioner is arraigned as accused No.2 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that except the petitioner, the other accused persons have been enlarged on bail by the Jurisdictional Sessions Court in the present case. She submits that petitioner has no other criminal antecedents. Accordingly, she prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. 7. FIR was registered in the present case based on the credible information received by the first informant on 26.03.2025 at about 4:00 p.m. that accused were attempting to sell the contraband article to the public and on receipt of such information, a raid was conducted to the - 4 - HC-KAR NC: 2025:KHC:22437 CRL.P No. 5800 of 2025 alleged place were accused persons named in the FIR were attempting to sell the contraband article to the public and from the possession of accused No.1 contraband article allegedly MDMA totally weighing 54.79 grams was recovered, from the possession of accused No.2 contraband article allegedly MDMA 10.87 grams was recovered, from possession of accused No.3 contraband article allegedly MDMA 8 grams was recovered and from the possession of accused Nos.4 and 5 contraband article allegedly MDMA totally weighing 8.08 grams and 10.49 grams was recovered and the aforesaid seized contraband article were subjected to panchanama. All the five accused persons were arrested on 26.03.2025 and subsequently remanded to judicial custody. 8. Investigation of the case is completed and charge sheet has been filed against the arrested accused persons for the aforesaid offences. Seized contraband article has now tested positive to a drug known as methamphetamine. So far as petitioner is concerned, from - 5 - HC-KAR NC: 2025:KHC:22437 CRL.P No. 5800 of 2025 his possession 10.87 grams of contraband article was seized and 10.87 grams of methamphetamine is considered as intermediate quantity under the relevant notification issued under the provisions of the NDPS Act. 9. Undisputedly, petitioner has no other criminal antecedents. Accused No.1 and accused Nos.3 to 5 who were arrested along with the petitioner are said to have been enlarged on bail by the Jurisdictional Sessions Court. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.39/2025 registered by Hassan City Police Station, Hassan Distrct, for offences punishable under Section 8(C), 22(C) of the NDPS Act and Section 112 of BNS, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:22437 CRL.P No. 5800 of 2025 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 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 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 35