- 1 - HC-KAR NC: 2025:KHC:18944 CRL.P No. 7068 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7068 OF 2025 BETWEEN: VASEEM @ ABDUL MOOHITH S/O ABDUL MUSHEER AGED ABOUT 26 YEARS 1ST CROSS, TIPPU NAGARA CHIPPINAKATTE, HASSAN - 573 102. …PETITIONER (BY SRI GIRISH KUMAR B.M, ADV., FOR SRI MADHU M.T, ADV.) AND: THE STATE OF KARNATAKA BY HASSAN CITY POLICE STATION HASSAN - 573 201, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.36/2025 THE CASE IS REGISTERED BY HASSAN CITY POLICE, HASSAN FOR THE OFFENCE P/US/ 8(c),22(c) OF NDPS ACT 1985 AND SEC.112 OF BNS 2023 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18944 CRL.P No. 7068 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.36/2025 registered by Hassan City Police Station, Hassan District for the offences punishable under Section 112 of BNS, 2023 and Sections 8(c) & 22(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.36/2025 was registered by Hassan City Police Station, Hassan District against one Waseem and others for the aforesaid offences on the basis of first information dated 24.03.2025 received from Sri Mohan Krishna, Police officer, attached to Hassan City Police Station. During the course of investigation, the petitioner who was arrayed as accused No.1 in the FIR was - 3 - HC-KAR NC: 2025:KHC:18944 CRL.P No. 7068 of 2025 arrested on 24.03.2025 and in the remand application he was shown as accused No.3. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crime.No.96/2025 was dismissed on 09.04.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner has no other criminal antecedents and co- accused in the present case has been granted regular bail by the coordinate bench of this Court in Crl.P.No.5961/2025 for the reason that the Investigation Officer has not complied the requirements of Section 42 of the NDPS Act. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 7. FIR in the present case was registered against three accused persons. The petitioner is arraigned as - 4 - HC-KAR NC: 2025:KHC:18944 CRL.P No. 7068 of 2025 accused No.1 in the FIR. During the course of investigation, he was arrested on 24.03.2025 and subsequently remanded to judicial custody. In the remand application he was arraigned as accused No.3. The co- accused, who was arrested along with the petitioner in the present case had approached this Court in Crl.P.No.5961/2025, which was allowed by the order dated 29.05.2025 for the reason that the Investigation Officer has not complied the requirements of Section 42 of the NDPS Act in the present case. The said reasoning is squarely applicable to the case of the petitioner, who undisputedly has no other criminal antecedents. The seized contraband article in the present case is of intermediate quantity. Therefore, the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable to the case on hand. 8. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner - 5 - HC-KAR NC: 2025:KHC:18944 CRL.P No. 7068 of 2025 for grant of regular bail is required to be answered affirmatively. 9. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.36/2025 registered by Hassan City Police Station, Hassan District for the offences punishable under Section 112 of BNS, 2023 and Sections 8(c) & 22(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions: a) The petitioner shall execute a 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; - 6 - HC-KAR NC: 2025:KHC:18944 CRL.P No. 7068 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS