- 1 - HC-KAR NC: 2025:KHC:42247 CRL.P No. 13144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13144 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NUFAIL M H ALIAS NUPPI, S/O. M. HUSSAIN, AGED ABOUT 28 YEARS, R/AT. 1ST MAIN MURNAD ROAD, MADIKERI TOWN, MADIKERI, KODAGU DISTRICT-571201. …PETITIONER (BY SRI. GOVARDHAN. S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY DJ. HALLI POLICE STATION, BANGALORE. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE. …RESPONDENT (BY SRI. CHANAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.08.2025 AT ANNEXURE-A PASSED BY THE LEARNED XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) BENGALURU (CCH-33), IN CRL.MISC NO.6869/2025 AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.284/2025 ON THE FILE OF THE XI ADDITIONAL CHIEF JUDICIAL MAGISTRATE, MAYOHALL UNIT, BANGALORE FOR THE OFFENCE PUNISHAL UNDER SECTION 20(b) OF NDPS ACT WITH SUCH OTHER TERMS AND CONDITIONS AS THIS HONBLE COURT. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:42247 CRL.P No. 13144 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail in Crime No.284/2025 of Devarajeevanahalli Police Station registered for the offences punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. 3. The learned counsel for the petitioner would contend that, quantity of ganja seized from the petitioner is 5.351 kgs, and it is stated to contain seeds, stem and flowering. He further submits that only flower and flowering top are stated to be ganja. The petitioner is not a habitual offender as he is not convicted for the offence alleged against him. He further submits that major portion of the investigation is over, and therefore, he is - 3 - HC-KAR NC: 2025:KHC:42247 CRL.P No. 13144 of 2025 not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, quantity of ganja seized from the possession of the petitioner is 5.351 kg. and it is more than small quantity and less than commercial quantity. The punishment provided for the offence alleged against the petitioner is imprisonment for ten years. The petitioner is involved in five cases, and out of them, four cases are for the offence under the NDPS Act, one for the offence punishable under Section 307 of IPC. He further submits that the petitioner is having criminal antecedent. If the petitioner is granted bail, there are chances of committing similar offences. The investigation is in progress. The FSL report indicates that contraband seized from possession of the petitioner is positive for ganja. With this, he prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:42247 CRL.P No. 13144 of 2025 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. On 25.07.2025, when the complainant was patrolling duty, he received a credible information, and accordingly, he went to the spot and saw a person holding black colour bag and selling something to public, and he returned to the police station, and registered suo motu case in Crime No.284/2025 for the offence punishable under Section 20(b) of NDPS Act, 1985. Thereafter, he informed the matter to the higher officer and obtained permission to conduct raid. He conducted raid after securing panchas and found the accused was possessing 5.351 kgs of ganja, and he seized the same under mahazar. Even though the quantity of contraband is more than small quantity and less than commercial quantity. The offence alleged against the petitioner is punishable for imprisonment for ten years. - 5 - HC-KAR NC: 2025:KHC:42247 CRL.P No. 13144 of 2025 7. There are four cases registered against the petitioner for the offence under the NDPS Act, and they are Crime Nos.40/2019, 12/2023, 33/2023 of Madikeri Town Police Station and Crime No.01/2025 of Karnataka Railways Bengaluru Rural Police Station for the offence under the NDPS Act, and Crime No.54/2022 of Madikeri Town Police for the offence punishable Section 307 of IPC 8. Considering the said aspect, the petitioner has criminal antecedents. The investigation is in progress. If the petitioner is granted bail, there are chances of petitioner committing similar offences. The petitioner has not made out any ground for grant of bail. In the result, the following: ORDER The petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 10