- 1 - HC-KAR NC: 2025:KHC:52239 CRL.P No. 14970 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14970 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI ARPITH S/O ANANTRAJ AGED ABOUT 42 YEARS R/AT CHANDRAKRIPA MAHAVEER ROAD, KAILASA CHIKKMANGALURU – 577 101. …PETITIONER (BY SRI SOMA SHANKAR N R, ADVOCATE) AND: 1. STATE OF KARNATAKA PANAMBUR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BAGALORE – 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL FOR OFFENCES UNDER SECTION 8 (C), 20(b) (ii) (A), 22(C), 27 (A) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985 IN CRIME No.38/2025 (SPL.C.No.142/2025) PENDING BEFORE THE LEARNED PRINCIPAL SESSIONS AND SPECIAL JUDGE DK MANGALURU. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52239 CRL.P No. 14970 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 by the petitioner –accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.38/2025 of Panambur Police Station registered for offences punishable under Sections 8(C), 20(b), (ii)(A), 22(C), 27(A) of NDPS Act. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned counsel for the petitioner would contend that the petitioner is running small provision shop. The petitioner has secured the contraband and it is for the first time. There is no record of him dealing with the narcotic drugs. The Investigating Officer after getting the credible information immediately has secured the punchas and considering the same there are lacuna in the investigation. The petitioner is having wife and two minor kids and running small provision store for his livelihood. - 3 - HC-KAR NC: 2025:KHC:52239 CRL.P No. 14970 of 2025 The petitioner is in judicial custody since last 8 months and as the charge sheet is filed, he is not required for custodial interrogation. The petitioner is resident of Kalasa and owning coffee estate. With these, he prays to allow the petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that the petitioner and accused No.2 have secured the contraband of commercial quantity for sale. As the contraband seized is commercial quantity, the rigor of Section 37 of NDPS Act applies. The petitioner is found possessing contraband in his person and also in the car. The contraband seized is sent for FSL examination and FSL report indicates that they are positive for MDMA, Methamphetamine and ganja. The statement of bank account of petitioner indicate that the petitioner has received huge money and that itself indicate that he is dealing with the narcotic drugs. If the petitioner is granted bail, there are chances of again he repeating - 4 - HC-KAR NC: 2025:KHC:52239 CRL.P No. 14970 of 2025 similar offences. With these, she prays to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that the Police Officer received credible information and after registering a case he conducted raid and found that the accused Nos.1 and 2 were possessing MDMA pills in their person, 05 grams of Methamphetamine, 0.90grams of hybrid ganja and 5.49 grams of ganja. The total quantity of contraband seized from the conscious possession of the petitioner and other accused is commercial quantity. The offence alleged against the petitioner is provided with punishment of imprisonment which may extend upto 20 years. Since, the contraband has been seized from the possession of the petitioner, at this stage there are reasonable grounds for believing that petitioner is guilty of offence punishable - 5 - HC-KAR NC: 2025:KHC:52239 CRL.P No. 14970 of 2025 under NDPS Act. If the petitioner is granted bail, there are chances of him committing similar offence, which will affect the entire society, especially youngsters. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 41 Ct.sm