- 1 - NC: 2025:KHC:2177 CRL.P No. 12957 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12957 OF 2024 (438(Cr.PC)/482(BNSS)) BETWEEN: MAHAMMAD MANNSOOR P., S/O. SUFI BEARY, AGED ABOUT 28 YEARS, R/AT NO. 1-141, KALIYA VILLAGE, BELTHANGADY, D.K. DISTRICT-574 214. …PETITIONER (BY SRI. MOHAMMAD IBRAHIM ARSHAD M.P., ADVOCATE) AND: STATE OF KARNATAKA, BY KARKALA TOWN POLICE STATION, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO GRANT PROTECTION OF ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF THEIR ARREST BASING UPON THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT IN CR.NO.146/2024 OF KARKALA TOWN P.S., UDUPI DISTRICT, FOR THE OFFENCES P/U/S 8C, 22(b) OF NDPS ACT, 1985, SEC.3(5) OF BNS ACT, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AT UDUPI. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2177 CRL.P No. 12957 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. This petition under Section 482 of BNSS, 2023, is preferred to enlarge the petitioner on anticipatory bail in Crime No.146/2024 of Karkala town Police Station, Udupi District, registered for offences punishable under Section 8(c), 22(b) of the NDPS Act, 1985 and Section 3(5) of the BNS, 2023. 3. The Karkala town Police, while conducting investigation in Crime No.145/2024 registered for offences punishable under Section 138, 64 read with Section 3(5) of BNS, 2023, arrested the accused by name Altaf on 25.08.2024. A car bearing Registration No.KA-14/MB- 1329 was seized and it was found that a plastic cover - 3 - NC: 2025:KHC:2177 CRL.P No. 12957 of 2024 containing some drug was concealed in the said car. The said contraband weighing about 3.26 grams valued at Rs.15,000/- was seized. 4. In the remand application dated 30.09.2024, accused Nos.1 to 9 are named wherein, the petitioner is arraigned as accused No.9. According to the prosecution, the accused are involved in dealing with narcotic MDMA. 5. The learned Sessions Judge has dismissed the petition seeking anticipatory bail filed by the petitioner, observing that he travelled in a scooty with accused No.7 and met accused No.8 in Electronic city, where the amount paid by accused No.2 to the tune of Rs.2,74,000/- was deposited by this petitioner in two bank accounts. 6. Learned High Court Government Pleader has contended that the investigation is in progress and petitioner is required for custodial interrogation and therefore, if petitioner is enlarged on bail, he may not co-operate with investigation of the case. - 4 - NC: 2025:KHC:2177 CRL.P No. 12957 of 2024 7. In the remand application dated 30.09.2024, there are absolutely no allegation against the petitioner herein, though accused Nos.1 to 7 were already arrested and interrogated. According to prosecution, there was communication between the petitioner, accused Nos.7 and 8. Except the same, there are no sufficient material placed on record to deny the relief sought in the petition. Petitioner has no criminal antecedents. He has undertaken to co-operate with investigation of the case. Hence, by imposing conditions, relief sought by the petitioner can be granted. Accordingly, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused No.9 in Crime No.146/2024 registered by Karkala town Police Station, shall be released on bail in the event of his arrest, subject to following conditions: - 5 - NC: 2025:KHC:2177 CRL.P No. 12957 of 2024 a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum. b) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. f) He shall not indulge in criminal activities. Sd/- (MOHAMMAD NAWAZ) JUDGE BNV / List No.: 1 Sl No.: 36 CT:SNN