- 1 - HC-KAR NC: 2025:KHC:18551 CRL.P No. 6883 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6883 OF 2025 BETWEEN: 1. MOHAMMED NOUFIL S/O ABDUL KHADAR AGED ABOUT 22 YEARS. 2. ABDUL MOUSEEN KHADAR S/O ABDUL KHADAR AGED ABOUT 19 YEARS. BOTH R/AT FATIMA MANZIL SOORYA NAGAR, KALATTURU VILLAGE, KAUP TALUK UDUPI DISTRICT - 574 106. …PETITIONERS (BY SRI GIREESHA R.J, ADV.) AND: STATE BY PADUBIDRI POLICE STATION UDUPI DISTRICT - 574 101 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CRIME NO.45/2025 FOR THE ALLEGED O/U/S 8C AND 20B OF NDPS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18551 CRL.P No. 6883 of 2025 ACT, 1985, REGISTERED BY PADUBIDRI POLICE STATION, UDUPI DISTRICT, NOW CASE PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI. 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.1 and 2 in Crime No.45/2025 registered by Padubidri Police Station, Udupi, for the offences punishable under Sections 8(c) and 22(b) of the NDPS Act, 1985, 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.45/2025 was registered by Padubidri Police Station, Udupi, for the aforesaid offences against the petitioners and others based on the first information dated 11.04.2025 received from Anilkumar T. Naik, Police Officer attached to Padubidri Police Station, Udupi. During the course of investigation of the case, petitioners herein, who are arraigned as accused Nos.1 and 2 were arrested on 11.04.2025 and subsequently, remanded to judicial custody. Their bail - 3 - HC-KAR NC: 2025:KHC:18551 CRL.P No. 6883 of 2025 application filed before the Trial Court in Crime No.45/2025 was rejected on 22.04.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that seized contraband article is of intermediate quantity. Major portion of the investigation in the case is completed. Accused No.2, who is a student, has appeared for his II Year PUC examinations in the month of March, 2025. Accused No.3 has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.7077/2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that investigation of the case is under progress. He also submits that accused No.1 is a person with criminal antecedents and is involved in four other criminal cases including a case registered under the provisions of NDPS Act, 1985. He, accordingly, prays to dismiss the petition. 6. A perusal of the material on record would go to show that petitioners herein and other accused, who were arrested in Crime No.44/2025 registered by Padubidri Police Station, Udupi, for the offences punishable under Sections 189(2), - 4 - HC-KAR NC: 2025:KHC:18551 CRL.P No. 6883 of 2025 191(2), 191(3), 126(2), 115(2), 352, 351(2), 309(5) read with Section 190 of BNS, 2023, allegedly during the course of interrogation in the said case, had confessed to the police that they had kept contraband article in the car bearing registration No.KA37/N6060 in which they had arrived at the spot of crime in Crime No.44/2025. Accordingly, police thereafter along with accused persons had gone to the spot where the aforesaid car was parked and from the dashboard of the said car, contraband article allegedly MDMA totally weighing 4 grams 36 miligrams was recovered and subjected to panchanama. Undisputedly, the seized contraband article in the present case is of intermediate quantity. Accused No.3 as against whom similar allegations are found in the FIR has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.7077/2025 disposed of on 22.05.2025. It is brought to the notice of this Court that accused No.2/petitioner No.2, is a student and learned counsel for the petitioners has produced necessary material which would prima facie go to show that accused No.2 had appeared for his II Year PUC examinations in the month of March, 2025. Insofar as accused No.1/petitioner No.1 is concerned, learned HCGP has brought to the notice of this - 5 - HC-KAR NC: 2025:KHC:18551 CRL.P No. 6883 of 2025 Court that he is a person with criminal antecedents and he is involved in four other criminal cases registered against him earlier and he is also an accused in a case registered under the provisions of NDPS Act. Under the circumstances, I am of the opinion that at this stage, prayer made by accused No.1/petitioner No.1 for grant of regular bail cannot be granted and insofar as accused No.2/petitioner No.2, his prayer for grant of regular bail, can be answered affirmatively. Accordingly, the following order:- 7. The Criminal Petition is partly allowed. Petition insofar as petitioner No.1/accused No.1 is rejected. Petition insofar as petitioner No.2/accused No.2 is allowed. 8. The petitioner No.2/accused No.2 is directed to be enlarged on bail in Crime No.45/2025 registered by Padubidri Police Station, Udupi, for the offences punishable under Sections 8(c) and 22(b) of the NDPS Act, 1985, subject to the following conditions: a) Petitioner No.2/accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- - 6 - HC-KAR NC: 2025:KHC:18551 CRL.P No. 6883 of 2025 with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner No.2/accused No.2 shall co-operate with the investigation as and when it is required till filing of the charge sheet. c) The petitioner No.2/accused No.2 shall appear before the Trial Court on all dates of hearing without fail. d) The petitioner No.2/accused No.2 shall not threaten or tamper the prosecution witnesses. e) The petitioner No.2/accused No.2 shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE DN