- 1 - NC: 2025:KHC:422 CRL.P No. 13110 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13110 OF 2024 BETWEEN: 1. MR. MURALEESHWARAN, S/O SUBRAMANI, AGED ABOUT 26 YEARS, R/A NO. 4/1317, THUTHIVALASAI, ENMANAMKONDAN, UCHIPULI, RAMANATHAPURAM, TAMILNADU - 623 534. 2. MR. ABHINESH LOGANADHAN, S/O LOGANADHAN, AGED ABOUT 22 YEARS, R/A 1/46-1, PANDAMANGALAM, KOTTHIYARKOTTAI POST, RAMANATHAPURAM, TAMILNADU - 623 531. …PETITIONERS (BY SRI. BASAVARAJU T.A, ADVOCATE) AND: STATE OF KARNATAKA BY BOMMANAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:422 CRL.P No. 13110 of 2024 THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 AND 2 ON BAIL IN CRIME NO.343/2024 ON THE FILE OF RESPONDENT POLICE FOR THE OFFENCE P/US/ 20(b)(ii)(C) OF NDPS ACT PENDING ON THE FILE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE (NDPS) BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners / accused Nos.1 and 2 are arrested on 22.09.2024 as they were allegedly in possession of 20 grams of MDMA and 250 grams of ganja. 2. A case in Crime No.343/2024 was registered at Bommanahalli Police Station for offences punishable under Section 20(b), 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). 3. The learned Session Judge has dismissed the bail petition filed in Crl.Misc.No.9604/2024 vide order dated 11.11.2024. - 3 - NC: 2025:KHC:422 CRL.P No. 13110 of 2024 4. Learned counsel for the petitioner would contend that the mandatory provisions are not complied and it is not made clear as to from whom the contraband was seized. He further contended that even accepting the case of prosecution, from accused No.2 only 250 grams of ganja has been seized. 5. Learned High Court Government Pleader would contend that investigation is still in progress and the antecedents of the petitioners are to be ascertained. Further, the petitioners hail from the State of Tamilnadu and therefore, at this stage if they are enlarged on bail they may abscond and commit similar offences. It is also his contention that both the petitioners were caught redhanded and therefore there is a prima-facie against them and in view of Section 37 of the NDPS Act, they are not entitled for bail. 6. Learned counsel for the petitioners submitted that since the charge sheet is not yet filed, he has not received the entire documents and therefore, he may be permitted - 4 - NC: 2025:KHC:422 CRL.P No. 13110 of 2024 to file a fresh petition before the Sessions Court once the investigation is completed and charge sheet is filed. 7. In view of the above submission, petition is disposed of, reserving liberty to the petitioners to file a fresh petition before the learned Sessions Judge, once the investigation is completed and charge sheet is filed. 8. The observation made in this petition, if any, shall not influence the learned Sessions Judge while disposing of the bail petition of the petitioners. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 42 CT: BHK