- 1 - HC-KAR NC: 2025:KHC:20233 CRL.P No. 7622 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7622 OF 2025 BETWEEN: ARMAN NEAR MAADESHWARA POND HOSALAKYA VILLAGE CHIKKAMAGALURU TALUK CHIKKAMAGALURU, KARNATAKA (AS PER FIR) ARMAN S/O LATE FAYAZ AHAMED AGED ABOUT 22 YEARS GOWRITAKIS BEHIND RAJEGOWDARA BILDING RAMANAHALLI, CHIKMAGALUR KARNATAKA - 577 101 (AS PER ADHAR CARD) …PETITIONER (BY SRI UTSAV GOWDA P.S, ADV.) AND: STATE OF KARNATAKA BY CEN POLICE, CHIKKAMAGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BANGALORE. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL FOR THE OFFENCE P/U/S. 20(B)(iii)(B) OF NDPS ACT IN CRIME NO.34/2025. ON THE FILE OF PRL.DIST. AND SESSION JUDGE AT CHIKKAMAGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20233 CRL.P No. 7622 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 in Crime No.34/2025 registered by Chickmagalur CEN Crime Police Station, Chikkamagaluru District, for the offences punishable under Section 20(b)(ii)(B) of NDPS Act, 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.34/2025 was registered by Chickmagalur CEN Crime Police Station, Chikkamagaluru District, for the aforesaid offence against the petitioner herein based on the first information dated 12.04.2025 received from Abdul Khadar - Police Officer attached to CEN Crime Police Station, Chickmagaluru. During the course of investigation, petitioner herein was arrested on 12.04.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crime No.34/2025 was rejected on 08.05.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:20233 CRL.P No. 7622 of 2025 4. In the typed first information dated 11.04.2025 submitted by the first informant who is a police officer, it is alleged that he had received credible information that on 11.04.2025 at about 20.00 hours, a person had arrived near AIT College within the limits of Chikkamagalur Town in a scooty and was attempting to sell contraband article to the public and students. Thereafter, he had conducted a raid to the alleged spot and apprehended the petitioner. From the possession of the petitioner, contraband article allegedly ganja totally weighing 1 Kg. 93 grams. was seized. The seized contraband article was subjected to panchanama and the apprehended accused was brought to the police station, and thereafter, FIR was registered against him. 5. Petitioner, aged about 22 years who has no criminal antecedents is in custody from 12.04.2025. In addition to the aforesaid contraband article the mobile phone of the petitioner and also cash of Rs.600/- was recovered from the person of the petitioner. The material on record would go to show that there is no compliance of Section 50 of the NDPS Act, and in addition to the same, the seized contraband article is of intermediate - 4 - HC-KAR NC: 2025:KHC:20233 CRL.P No. 7622 of 2025 quantity. Therefore, the rigor under Section 37(1)(b) of the NDPS Act, cannot be made applicable to the petitioner who has no criminal antecedents. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.34/2025 registered by Chickmagalur CEN Crime Police Station, Chikkamagaluru District, for the offences punishable under Section 20(b)(ii)(B) of NDPS Act, 1985, subject to the following conditions: a) Petitioner shall execute 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; - 5 - HC-KAR NC: 2025:KHC:20233 CRL.P No. 7622 of 2025 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 KK