- 1 - HC-KAR NC: 2025:KHC:24944 CRL.P No. 7105 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION No.7105 OF 2025 BETWEEN: SRI SHAMIL E. K., S/O. MUSTAFA, AGED ABOUT 23 YEARS, R/AT VARAM MUNDERI VILLAGE, ECHOORU POST, KANNURU DISTRICT, KERALA STATE. ALSO R/AT No. 371, 4TH FLOOR, 9TH CROSS OPPOSITE, 2ND MAIN ROAD, NILADRI ROAD, ELECTRONIC CITY, BANGALORE. …PETITIONER (BY SRI SANMUKH REDDY, ADVOCATE) AND: STATE OF KARNATAKA, BY COTTONPETE P.S., ITS REP BY STATE PUBLIC PROSECUTOR, AT HIGH COURT OF KARNATAKA BUILDING, BANGALORE-560 001. …RESPONDENT (BY SMT. WAHEEDA M. M., ADVOCATE) THIS CRL.P. IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON REGULAR BAIL IN CR.No.39/2025 OF RESPONDENT COTTONPET P.S., FOR THE Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24944 CRL.P No. 7105 of 2025 OFFENCES P/U/S 8(c),22(c) OF NDPS ACT, PENDING ON THE FILE OF 5th ACJM COURT, AT BANGALORE CITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Crime No.39/2025 registered by Cottonpet Police Station, Bengaluru, for the offences punishable under Sections 8(c) and 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is before this Court in this successive bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhit, 2023 (for short 'BNSS'), seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.39/2025 was registered by Cottonpet Police Station, Bengaluru for the aforesaid offences against the petitioner herein based on the first information dated 19.02.2025 received from Sumangala S.A., Police Officer attached to Cottonpet Police Station, Bengaluru. During the course of investigation, petitioner - 3 - HC-KAR NC: 2025:KHC:24944 CRL.P No. 7105 of 2025 herein was arrested on 19.02.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2048/2025 was rejected on 04.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that contraband article seized in the present case is found to be 30 grams of methamphetamine, which is considered as intermediate quantity. Petitioner is in custody from 19.02.2025 onwards. Maximum punishment for the alleged offences is imprisonment for a period of 10 years. Charge sheet is not yet filed in the present case. Accordingly, he prayed to allow the petition. 5. Per Contra, learned HCGP opposes to allow the petition. However, he does not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the averments in the first information dated 19.02.2025 would go to show that based on credible - 4 - HC-KAR NC: 2025:KHC:24944 CRL.P No. 7105 of 2025 information received, a raid was conducted to the alleged spot when a person was making attempts to sell the contraband article. From the said spot, the petitioner was apprehended and from his possession, contraband article allegedly MDMA totally weighing 30 grams was seized and was subjected to panchanama and thereafter, the apprehended accused and the seized contraband article were brought to the Police Station and FIR was registered against the petitioner. Petitioner, who was arrested on 19.02.2025 was subsequently remanded to judicial custody. 7. Learned HCGP on instructions has submitted that contraband article allegedly MDMA which was sent for chemical examination to Forensic Science Laboratory has tested positive to a drug known as methamphetamine. 30 grams of methamphetamine is considered as intermediate quantity under the relevant Notification issued under the provisions of NDPS Act. - 5 - HC-KAR NC: 2025:KHC:24944 CRL.P No. 7105 of 2025 8. It is not in dispute that investigation of the case is not completed and charge sheet has not been filed in the present case till date. Since the contraband article seized is now found to be of intermediate quantity, the maximum punishment for the alleged offences is imprisonment for a period of 10 years. petitioner is in custody from 19.02.2025 and therefore he is entitled for statutory bail. Undisputedly, petitioner has no other criminal antecedents, under the circumstances, his prayer for grant of bail needs to be answered affirmatively. 9. Accordingly, the following; (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.39/2025 registered by Cottonpet Police Station, Bengaluru, for the offences punishable under Sections 8(c) and 22(C) of NDPS Act, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:24944 CRL.P No. 7105 of 2025 (a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties (which includes one local surety) 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 - 7 - HC-KAR NC: 2025:KHC:24944 CRL.P No. 7105 of 2025 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE VBS List No.: 1 Sl No.: 47