- 1 - HC-KAR NC: 2025:KHC:24582 CRL.P No. 9033 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9033 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: NAZEEL @ ASHIP AGED ABOUT 30 YEARS, S/O LATE F. M. RAFEEK, RESIDING NEAR URDU SCHOOL, HOODE, MALPE, UDUPI – 581 320 …PETITIONER (BY SRI. HALEEMA AMEEN, ADVOCATE) AND: THE STATE BY PSI, MANIPAL POLICE STATION, UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SRI. B. N. JAGADEESHA, ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.70/2025 OF MANIPAL CRIME P.S. UDUPI REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTION 8(c), 20(b), 22(b) OF NDPS ACT PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24582 CRL.P No. 9033 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is filed by the petitioner – accused No.4 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.70/2025 registered by the respondent – Police for offences punishable under Sections 8(c), 20(b) and 22(b) of the NDPS Act, 1985. 2. Heard learned counsel for the petitioner and learned Addl.SPP for the respondent and perused the material on record. 3. It is the case of the prosecution that the respondent - police received a credible information on 22.04.2025 that the petitioner – accused No.3 and two others were selling ganja weighing about 225 gms and MDMA weighing about 13.70 gms having an approximate value of Rs.40,000/- and Rs.10,500/- in Down Town lodge near 80-Badagabettu village, Dasharathanagar, Udupi and were using syringes and other articles for consumption of drugs for committing the alleged offences. They were apprehended by the police and registered the aforesaid FIR in - 3 - HC-KAR NC: 2025:KHC:24582 CRL.P No. 9033 of 2025 Crime No.70/2025 against them for alleged offences punishable under Sections 8(c), 20(b) and 22(b) of the NDPS Act, 1985. 4. Learned counsel for the petitioner submits that the contraband / ganja which were seized or recovered from the petitioner are in small quantity and that the grounds of arrest are not communicated to the petitioner, he may be granted the relief of bail. It is further submitted that the petitioner is ready to co-operate with the investigation and would undertake to abide by the conditions that may be imposed upon him. 5. Learned Addl.SPP for the respondent – State in addition to reiterating the various contentions urged in the statement of objections submits that the petitioner is a habitual offender and he is involved in other NDPS case and therefore, the petitioner is not entitled to be released on bail and the same is liable to be dismissed. 6. A perusal of the material on record will indicate that the contraband / ganja which was seized / recovered from the possession or custody of the petitioner – accused No.3 is in small quantity and the petitioner who undertakes to abide by the terms - 4 - HC-KAR NC: 2025:KHC:24582 CRL.P No. 9033 of 2025 and conditions to be imposed by this Court, he is entitled to be released on bail subject to certain conditions. 7. Accordingly, the Petition is allowed. 7. Accordingly, the Petition is allowed. The petitioner- accused No.3 is ordered to be released on bail, subject to the following conditions: (i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) and shall furnish one surety for the likesum to the satisfaction of the trial Court. (ii) Petitioner shall not tamper or attempt to tamper with any of the prosecution witnesses, directly or indirectly. (iii) Petitioner shall appear before the concerned Court regularly and as and when required. (iv) Petitioner shall mark his attendance before the SHO of the concerned Police Station between 10 a.m. and 2 p.m., once in every two weeks for a period of three months. (v) Petitioner shall not repeat the offences alleged against him in the present petition as well as the other proceedings, if any, against him. (vi) Petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court. - 5 - HC-KAR NC: 2025:KHC:24582 CRL.P No. 9033 of 2025 If any of these conditions are violated, the prosecution is at liberty to move the matter for cancellation of bail. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV/SRL List No.: 5 Sl No.: 13