- 1 - HC-KAR NC: 2025:KHC:22517 CRL.P No. 7904 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7904 OF 2025 BETWEEN: SRI K. MUHAMMED SHAKIR S/O AJEEJ AGED ABOUT 47 YEARS R/AT NO.7-73, NAZIYA NIVAS PANOLAKANDIYIL, NALUTHARA NEAR ST. THERASA SCHOOL PALLURU MAHI, PONDICHERY - 673 310. …PETITIONER (BY SRI BINU M, ADV.) AND: STATE OF KARNATAKA BY YELAHANKA NEW TOWN P.S REPRESENTED BY HCGP/SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADV.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.154/2025, REGISTERED BY YELAHANKA NEW TOWN P.S FOR P/U/S 8(c) and 22(c) OF THE NDPS ACT, WHICH IS PENDING BEFORE THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) (CCH-35) AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22517 CRL.P No. 7904 of 2025 ORAL ORDER 1. Accused No.8 in Crime No.154/2025 registered by Yelahanka New Town Police Station, Benglauru, for the offences punishable under Sections 8(c) and 22(C) of the NDPS Act, 1985, is before this Court under Section 483 of BNSS, 2024, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.154/2025 was registered by Yelahanka New Town Police Station, Benglauru, for the aforesaid offences against Kerala persons on the basis of the first information dated 09.04.2025 received from Manjappa CA, Police Officer attached to Yelahanka New Town Police Station, Bengaluru. In the first information, it is stated that on 09.04.2025 at about 07.30 a.m., first informant had received a credible information that in the Hotel known as ‘Silver Key Hotel Lodge’, persons who are from Kerala were staying in Room Nos.104, 108 and 208 and the said persons allegedly were in possession of contraband article and they intended to sell the same at Bengaluru. After registration of FIR in Crime No.154/2025, a raid was conducted to the aforesaid hotel and accused Nos.1 to - 3 - HC-KAR NC: 2025:KHC:22517 CRL.P No. 7904 of 2025 4 were apprehended from Room No.108 of the said Hotel and from their possession contraband article allegedly MDMA totally weighing 110 grams was seized. Subsequently, accused who were staying in Room No.104 of the very same hotel were also apprehended. However, nothing was seized from their possession except their mobile phones and cash. Apprehended accused were subsequently produced before the jurisdictional Court and remanded to judicial custody. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.3178/2025 was dismissed on 29.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner has no other criminal antecedents and there is no seizure of any contraband article from his possession in the present case and only for the reason that petitioner is the friend of accused No.4, he has been arrested in the present case. 5. Per contra, learned HCGP who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. - 4 - HC-KAR NC: 2025:KHC:22517 CRL.P No. 7904 of 2025 6. FIR has been registered in the present case based on the credible information received by the police officer attached to Yelahanka New Town Police Station. A raid was subsequently conducted and accused Nos.1 to 4 were apprehended from Room No.108 of hotel known as ‘Silver Key Hotel Lodge’. From the possession of accused Nos.1 to 4, contraband article allegedly MDMA totally weighing 110 grams was seized. Thereafter, based on the statement made by one amongst the apprehended accused in Room No.108, the persons who were staying in Room No.104 of the very same hotel were also apprehended. Undisputedly, there is no seizure of any contraband article from the possession of the persons apprehended in Room No.104 who are now arrayed as accused Nos.5 to 8 in the present case. Petitioner, who is arraigned as accused No.8 in the present case has no other criminal antecedents. The material on record would go to show that only for the reason that accused Nos.5 to 8 were friends of accused No.4 from whose possession contraband article has been seized in the present case, they have been arrested. Under the circumstances, I am of the opinion that the prayer made by the - 5 - HC-KAR NC: 2025:KHC:22517 CRL.P No. 7904 of 2025 petitioner 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.154/2025 registered by Yelahanka New Town Police Station, Benglauru, for the offences punishable under Sections 8(c) and 22(C) of the NDPS Act, 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, out of which, one shall be a local surety, 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 - 6 - HC-KAR NC: 2025:KHC:22517 CRL.P No. 7904 of 2025 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN