- 1 - HC-KAR NC: 2025:KHC:37487 CRL.P No. 12549 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12549 OF 2025 BETWEEN: MOHAMMED ARBAZ @ ARBAZ S/O. LATE KALEEM PASHA, AGED ABOUT 26 YEARS, RESIDING AT NO.14/9, 6TH MAIN, HOSAHALLI MAIN ROAD, PADARAYANAPURA, BENGALURU-560 026. …PETITIONER (BY SRI. B.H.BHAGAVAN, ADVOCATE) AND: THE STATE OF KARNATAKA BY KORAMANGALA POLICE STATION, BENGALURU. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO.177/2025 OF KORAMANGALA POLICE STATION, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 22(b) OF THE NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES ACT, 1985 PENDING ON THE FILE OF XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BENGALURU (CCH-33). Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37487 CRL.P No. 12549 of 2025 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. Petitioner has preferred this Petition under Section 483 of BNSS, 2023, to enlarge him on bail in Crime No.177/2025 of Koramangala Police Station, Bengaluru City, registered for an offence under Section 22(b) of the NDPS Act, 1985. 3. Based on the information aforementioned case was registered against 4-5 unknown persons. 4. In the complaint lodged by the HC 8071 of Koramangala Police Station, it is alleged that on 03.07.2025 at about 2.30 p.m., he received a credible information that 4-5 unknown persons staying in Room - 3 - HC-KAR NC: 2025:KHC:37487 CRL.P No. 12549 of 2025 No.411 of Empire Hotel, situated at 1st ‘A’ Cross, 5th Block, Koramangala are in illegal possession of MDMA and other narcotic drugs and they are selling it to the public and students in small covers. Following the said information, a raid was conducted in room No.411 of the said lodge. Accused Nos.1 to 4 who were in the said room were found in possession of 12.62 grams of MDMA, allegedly intending to sell it to the public. 5. Learned High Court Government Pleader contended that the investigation is in progress and therefore, if the petitioner is enlarged on bail, he may tamper with the evidence and flee from justice. 6. A careful perusal of the mahazar goes to show that when the accused were enquired, they informed that they were asked to come to the room by accused by name Touseef, arraigned as accused No.5. 7. A careful perusal of the mahazar does not show as to from whom the alleged MDMA was seized or as to - 4 - HC-KAR NC: 2025:KHC:37487 CRL.P No. 12549 of 2025 where the contraband was kept in the room. At this stage, there is no material to show that it is the petitioner who booked the room. Moreover, except the bald accusation that the contraband seized was MDMA, there is no material at this stage to show that the raiding team had carried any equipment to test the contraband. At this stage there are reasonable grounds to believe that the accused is not guilty of the offence alleged. Petitioner, arraigned as accused No.4 in the remand application, has no criminal antecedents. He is not required for further interrogation. The apprehension of the prosecution can be taken care of by imposing appropriate conditions. Hence, by imposing conditions, relief sought in the petition can be granted. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.4 in Crime No.177/2025 of Koramangala Police Station, Bengaluru City, shall be enlarged on bail, subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:37487 CRL.P No. 12549 of 2025 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 50