- 1 - NC: 2025:KHC:18327 CRL.P No. 7077 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 7077 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: MOHAMMED SHAMSHEER, S/O ABDUL REHAMAN, AGED ABOUT 22 YEARS, R/AT 2-169, NEAR MALLARU PANCHAYAT, MALLARU VILLAGE – 574 104. NOW RESIDING AT ARAF COTTAGE, NEAR MALLARU PANCHAYAT, MALLARU VILLAGE, KAPU, UDUPI – 574 104. …PETITIONER (BY SMT. HALEEMA AMEEN., ADVOCATE) AND: THE STATE BY PADUBIDRI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P. IS FILED U/S 439 OF CR.P.C., (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.45/2025 OF PADUBIDRI P.S., FOR THE OFFENCES P/U/S 8(c), 22(b) OF NDPS ACT, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT, UDUPI. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18327 CRL.P No. 7077 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORDER This petition is filed by accused No.3 seeking for regular bail in Crime No.45/2025, registered by Padubidri police station, Udupi for the offences punishable under Sections 8(c), 22(b) of NDPS Act. The factual matrix of the case: 2. The petitioner is accused No.3 in this case, it is the case of the prosecution that on 10.04.2025 during night hours there was a quarrel near Green Chilli Hotel at Yermal in Bada Yermal Village of Kaup Taluk. The complainant and his staff went to the spot and brought the injured and also aggressors to the station. During enquiry, the accused stated to have informed the complainant that there is a contraband in the car. On receiving the said information, he stated to have completed the formalities and seized the MDMA along with the car and registered a - 3 - NC: 2025:KHC:18327 CRL.P No. 7077 of 2025 case in Crime No.44/2025. Hence, the petitioner is before this Court. 3. It is the submission of the learned counsel for the petitioner that the alleged contraband is not recovered from his possession. He is not connected with the alleged incident. He has been falsely implicated on the strength of the statement made by the co-accused. There are no other cases pending against the petitioner in respect of the same issues. 4. The petitioner is aged about 22 years and permanent resident of address mentioned in the cause title. He will abide the conditions imposed by this Court in the event of he release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 5. Per contra, the learned HCGP justified in rejecting the bail and he further submitted that the bail petition of the petitioner has to be rejected for the reason that he - 4 - NC: 2025:KHC:18327 CRL.P No. 7077 of 2025 along with others were supplying the contraband namely MDMA which is considered as highly prohibited drugs. 6. It is further submitted that even assuming that the petitioner has not committed any offence, the fact remains that he is also one of the associate members of the group. Therefore, he cannot be released on bail. Making such submissions, the learned HCGP prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, the alleged contraband stated to have been seized by the concerned authority/ respondent-police. The respondent-police had not seized the contraband from the possession of the petitioner. Therefore, it is appropriate to grant bail by imposing suitable conditions. Accordingly, I proceed to pass the following:- ORDER i) The Criminal Petition is allowed. - 5 - NC: 2025:KHC:18327 CRL.P No. 7077 of 2025 ii) The petitioner is ordered to be enlarged on bail in Crime No.45/2025 of the respondent – Police, pending on the file of Principal District and Sessions Judge, Udupi District, Udupi, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE VS, List No.: 1 Sl No.: 54