- 1 - HC-KAR NC: 2025:KHC:39874 CRL.P No. 13228 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13228 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI RICHARD MANOJ S/O JAMES, AGED ABOUT 23 YEARS, R/AT JAMES VATTAMATTATHIL, PEROORTHODU, ERUMELY, KOTTAYAM DISTRICT, KERALA. ALSO RESIDING AT KASHMEERAM, PARIYARAM, KOLARI, MATTANUR P.O, IRITTY, KANNUR DISTRICT, KERALA STATE, PIN CODE-670 702. …PETITIONER (BY SRI. BIJOY M.T., ADVOCATE) AND: STATE BY INSPECTOR OF POLICE MANGALURU SOUTH POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR (HCGP), HIGH COURT OF KARANATAKA-560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY PRAYING TO ENLARGE HIM ON BAIL BY Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39874 CRL.P No. 13228 of 2025 ACCEPTANCE OF SOLVEN SURETIES OR AS IN THE MANNER THAT THIS HON’BLE COURT DEEMS FIT ON THE FILE OF HON’BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN CRIME NO.143/2025 REGISTERED BY THE RESPONDENT (MANGALURU SOUTH POLICE) P/S/U 8(c), 22(C) OF NDPS ACT AND ETC. 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 by Accused No.7 under Section 483 of the BNSS seeking grant of bail in Crime No.143/2025 of Mangalore South Police Station, registered for the offences punishable under Section 8(c), 22(C) of NDPS Act, 1985. 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent-State. 3. Learned counsel for the petitioner contends that accused Nos.4 to 6 and 8 who are similarly placed to that of the petitioner have been granted bail. There is no recovery of any contraband from the possession or at the - 3 - HC-KAR NC: 2025:KHC:39874 CRL.P No. 13228 of 2025 instance of the petitioner. Petitioner is aged 23 years and he is a student. On these grounds, he prayed for grant of bail. 4. Learned Additional SPP would submit that investigation is completed and charge sheet has been filed and there is a recovery of mobile from the petitioner. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. FIR in Crime No. 143/2025 of Mangalore South Police Station is registered against two named accused and others for the offence punishable under Sections 8(c) and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act"). 7. A suo-moto complaint is lodged by the police attached to Mangalore South Police Station, Mangalore City, wherein it is alleged that on a credible information that accused by name Rahul, Sangeeth Krishna and others - 4 - HC-KAR NC: 2025:KHC:39874 CRL.P No. 13228 of 2025 have procured MDMA and they are attempting to sell it to the public near Bhagath Singh road, Mangaluru, on 14.07.2025 at about 9.00 a.m., the police went to the spot along with panchas and noticed about nine persons in 2 cars and 2 two wheelers. One of them escaped whereas, rest were apprehended. 8. In the remand application, petitioner is arraigned as accused No.7 and he has arrested on 24.07.2025. 9. As per mahazar, 5.80 grams, 4.24 grams, 2.31 grams of MDMA in 3 small plastic covers were recovered from accused No.1 and 7.78 grams, 2.00 grams, and 2.07 grams of MDMA in 3 small plastic covers were recovered from accused No. 2. It is submitted that as per FSL report, the substance seized responded negative for MDMA, but positive for methamphetamine. 10. Admittedly, there is no recovery of any contraband from the petitioner, as per remand application. However, it is contended by the learned Additional SPP - 5 - HC-KAR NC: 2025:KHC:39874 CRL.P No. 13228 of 2025 that all the accused were together and therefore, this petitioner was in conscious possession of the contraband. 11. Merely because the petitioner was also present along with accused Nos.1 and 2, who were found in possession of the contraband, that itself is not a ground at this stage to hold that he was in conscious possession of the contraband. The petitioner is a student. As there is no recovery of any banned substance/contraband from the petitioner, there are reasonable grounds to believe that he is not guilty of the offence, at this stage. Similarly placed accused Nos.4 to 6 and 8 have been granted bail by co- ordinate Bench of this Court in Crl.P.No.11901/2025 and Crl.P.No.12353/2025 vide order dated 15.09.2025 and 10.09.2025. Considering that petitioner is resident of neighbouring State may be directed to furnish local sureties to ensure his presence before the trial Court. - 6 - HC-KAR NC: 2025:KHC:39874 CRL.P No. 13228 of 2025 12. In the above facts and circumstances, imposing necessary conditions, petitioner can be admitted to bail. Hence, the following: ORDER Petition is allowed. Petitioner/Accused No.7 is granted bail in Crime No.143/2025 of Mangalore South Police Station, Mangalore, subject to following conditions: (i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties, out of which, one shall be a local surety, to the satisfaction of the jurisdictional Court. (ii) Petitioner shall furnish his residential address and shall inform the Court if there is change in the address. (iii) Petitioner shall not directly or indirectly tamper with prosecution witnesses. - 7 - HC-KAR NC: 2025:KHC:39874 CRL.P No. 13228 of 2025 (iv) Petitioner shall be available for investigation whenever required. (v) Petitioner shall not indulge himself in committing any similar offence. (vi) Petitioner shall appear before the trial Court on all dates of hearing unless exempted and co-operate in the speedy disposal of the case. Violation of condition or conditions shall result in cancellation of the bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 37