- 1 - HC-KAR NC: 2025:KHC:19130 CRL.P No. 7298 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7298 OF 2025 BETWEEN: MOHAMMED NAUSHAD S/O MOIDEEN AGED ABOUT 39 YEARS R/AT NO.2-1240(3) 3D CHETHANA NAGAR KUMPALA, KOTEKAR VILLAGE MANGALORE TALUK D.K. DISTRICT - 575 022. …PETITIONER (BY SRI LETHIF B, ADV.) AND: STATE OF KARNATAKA BY PUTTUR TOWN POLICE STATION D.K. MAGALURU, REP. BY SPP HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO RELEASE THEM ON BAIL IN CRIME NO.23/2025 OF PUTTUR TOWN POLICE STATION, MANGALURU D.K. FOR THE OFFENCE P/U/S. 8(c), 22(b), 29 OF NDPS ACT, PENDING BEFORE V ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE, D.K. MANGALURU SITTING AT PUTTUR, D.K. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19130 CRL.P No. 7298 of 2025 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 No.3 in Crime No.23/2025 registered by Puttur Town Police Station, Dakshina Kannada District, for the offences punishable under Sections 8(c), 22(b) and 29 of NDPS, 1985, 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.23/2025 was registered by Puttur Town Police Station, Dakshina Kannada, for the aforesaid offences initially against two persons named in the FIR based on the first information dated 30.03.2025 received from Johnson Dsouza, Police Officer attached to Puttur Town Police Station, Dakshina Kannada District. It appears that accused Nos.1 and 2 named in the FIR were arrested on 30.03.2025 and based on the confession statement of arrested accused, petitioner herein was arrested on 11.04.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional - 3 - HC-KAR NC: 2025:KHC:19130 CRL.P No. 7298 of 2025 Sessions Court in Crime No.23/2025 was rejected on 09.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner has no other criminal antecedents of similar nature. Only based on the confession statement of accused Nos.1 and 2, petitioner has been arrested. There is no seizure of any contraband article from the possession of the petitioner. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 6. A perusal of the material on record would go to show that in the first information dated 30.03.2025 submitted by Johnson Dsouza, Police Officer attached to Puttur Town Police Station, Dakshina Kannada, he has stated that on 30.03.2025 at about 10.30 a.m. when he was randomly checking the vehicles on Subramanya - Manjeshwara State Highway near Narimogaru Village, he had intercepted a vehicle bearing registration No.KL- 14/Y-9214 and on inspection, it was found that in the dash board of the said car, contraband article allegedly MDMA was - 4 - HC-KAR NC: 2025:KHC:19130 CRL.P No. 7298 of 2025 found. The inmates of the said car had admitted that they were in possession of the contraband article and therefore, the contraband article found in the car was seized under a panchanama and subsequently, FIR was registered against inmates of the car who are arraigned as accused Nos.1 and 2 in the FIR. Based on the confession statement of the arrested accused, petitioner who allegedly had supplied the aforesaid contraband article to accused Nos.1 and 2 was arrested on 11.04.2025. Seizure of contraband article allegedly MDMA totally weighing 24.14 grams is from the possession of accused Nos.1 and 2. Undisputedly, there is no seizure of any contraband article from the possession of the petitioner. Learned HCGP has fairly submitted that except the confession statement of accused Nos.1 and 2, there is no other material to connect the petitioner to the present crime at this stage. It is not in dispute that petitioner has no other criminal antecedents of similar nature. Under the circumstances, I am of the opinion that the prayer made by him for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.23/2025 registered by Puttur - 5 - HC-KAR NC: 2025:KHC:19130 CRL.P No. 7298 of 2025 Town Police Station, Dakshina Kannada District, for the offences punishable under Sections 8(c), 22(b) and 29 of NDPS, 1985, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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 DN