- 1 - HC-KAR NC: 2025:KHC-D:16527 CRL.P No. 104330 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104330 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MOHAMMED JUNAID S/O. ABDUL KHAYUM MANGALGATTI, AGE. 25 YEARS, OCC. BUSINESS, R/O. PATIL GALLI, VERAPUR ONI, HUBBALLI-560001. …PETITIONER (BY SRI. R.M. JAVED, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH CYBER CRIME P.S., HUBLI-DHARWAD CITY, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580105. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CONNECTION WITH CYBER CRIME P.S. HUBLI- DHARWAD CITY CRIME NO.102/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 16 OF NDPS ACT, 1985 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16527 CRL.P No. 104330 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is arrayed as accused No.1 seeking for grant of regular bail in Crime No.102/2025 of respondent/Police for the offence punishable under Section 16 of the Narcotic Drugs and Psychotropic Substances Act, 19851. Brief facts of the case: 2. The case of the prosecution is that on credible information having been received by the complainant regarding possession of cocaine by accused No.1 and he was roaming in and around Shakti Traders, Hubballi, the complainant has secured the Panchas and his staff, went to the spot in the vehicle and waiting for the arrival of accused 1 For short ‘NDPS Act’ - 3 - HC-KAR NC: 2025:KHC-D:16527 CRL.P No. 104330 of 2025 No.1. On seeing a person who was coming towards the spot, they apprehended the petitioner and on enquiry, he had disclosed his name as Mohammed Juned S/o. Abdul Qayum and he is the resident of Hubballi, Thereafter, it is stated that they seized the cocaine of 2.51 grams in the presence of Gazetted Officer and later, a case was registered and the petitioner was arrested and he has been remanded to judicial custody. The respondent/Police after conducting the investigation, submitted the charge-sheet. 3. Heard Sri. R.M. Javed, learned counsel for the petitioner and Sri.Praveen Y.Devareddi, learned High Court Government Pleader for respondent/State. 4. It is the submission of learned counsel for the petitioner that the petitioner is the innocent of the alleged offences and he had no criminal antecedents either it is similar in nature or different in nature. The petitioner has been implicated in a false case only in order to show statistics to the Higher Officers. It is further submitted that - 4 - HC-KAR NC: 2025:KHC-D:16527 CRL.P No. 104330 of 2025 the petitioner is the permanent resident of Hubballi and he is aged about 25 years and he is a student of SDM College, Dharwad. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions in the event of his release on bail. Making such submissions, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent/State vehemently submitted that the quantity of 2.51 grams of cocaine is seized by the respondent/Police. The petitioner who is arrayed as accused No.1 and the quantity of cocaine seized is an intermediate quantity. The petitioner has committed heinous offence, therefore, it is not appropriate to grant him bail. Moreover, if the petitioner is enlarged on bail, there may be chances of he committing the similar offence or absconding from the case. Making such submissions, learned HCGP prays to reject the petition. - 5 - HC-KAR NC: 2025:KHC-D:16527 CRL.P No. 104330 of 2025 6. Having heard learned counsel for the respective parties and on perusal of the averments of the charge- sheet, it appears from the record that the complainant on receiving a credible information, went to the spot along with the staff and Panchas and apprehended the petitioner and conducted a search and seized 2.51 grams of cocaine from the possession of the accused. Thereafter, he produced him before the Magistrate. As per the averments of the charge- sheet, the search and seizure of the said cocaine was conducted in the presence of the Gazetted Officer who is none other than Assistant Commissioner of Police. The manner in which the search and seizure had taken place creates a doubt about the incident. Hence, it is appropriate to grant bail, as prayed for. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.102/2025 of - 6 - HC-KAR NC: 2025:KHC-D:16527 CRL.P No. 104330 of 2025 respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following condition; (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 19