- 1 - HC-KAR NC: 2025:KHC:42288 CRL.P No. 13163 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. 13163 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: MOHAMMED BILAL S/O MOHAMMED IDRIES, AGED ABOUT 29 YEARS, R/AT NO.400, 1ST MAIN, GOKUL 1ST STAGE, BEHIND OXFORD ENGLISH SCHOOL, YESHWANTHPURA, BENGALURU - 560 022. …PETITIONER (BY SRI. GURUPRASAD PATIL, ADVOCATE) AND: STATE OF KARNATAKA BY CEN POLICE STATION, DAVANAGERE, RESPRESENTED BY SRI. MANJUNATHA B, PUBLIC PROSECUTOR, DAVANAGERE. …RESPONDENT (BY SRI. CHANNAPPA IRAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.107/2025, PENDING ON THE FILE OF THE HONBLE PRL.DIST. AND SESSIONS JUDGE, DAVANAGERE FOR O/US/ 8c, 21b, 22b AND 29 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 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42288 CRL.P No. 13163 of 2025 ORAL ORDER This petition is filed by the petitioner -accused No.3 under Section 483 of BNSS praying to grant bail in Crime No.107/2025 Davanagere CEN Crime Police Station registered for offences punishable under Sections 8(c), 21(b), 22(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein referred to as “NDPS Act” for brevity). 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the petitioner was a co-passenger in a car and he did not possess any contraband. He is not having any contact with accused Nos. 1 and 2 and other accused. He has been falsely implicated. Accused No.5 has been granted bail by this Court and therefore, the petitioner is also entitled for granted bail on the ground of parity. With - 3 - HC-KAR NC: 2025:KHC:42288 CRL.P No. 13163 of 2025 these, he prays to allow the petition and grant bail to the petitioner –accused No.3. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the quantity of contraband seized is MDMA of commercial quantity. This petitioner –accused No.3 was in the car along with other accused and contraband has been seized from the car kept in dash board. Accused Nos.1 and 2 are Nigerians. The investigation is in progress. The offence alleged against the petitioner is punishable with imprisonment which may extend to 10 years. There are no grounds to say that petitioner is not involved in commission of offence under NDPS Act. If, the petitioner is granted bail, there are chances of he committing similar offence. With this, he prayed for rejection of the petition. 5. Having heard learned counsels, this Court has perused the FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:42288 CRL.P No. 13163 of 2025 6. On 24.07.2025 at about 09.00 p.m., the complainant has received credible information and he along with his team raided the spot at about 10.15 p.m. and found accused person sitting in the car bearing No.KA- 21- MA-0602. Accused Nos.1 to 4 have stated that they came to give MDMA to accused No.5 -Kalyan for the purpose of sale. The contraband was kept in the dash board and it was pointed out by accused No.4. The said contraband is MDMA weighing 13 grams. The said contraband has been seized. The contraband seized is of a commercial quantity. The accused Nos. 1 and 2 are Nigerians. Considering the same, contention of learned counsel for the petitioner that this petitioner was a passenger in the car cannot be accepted. The investigation is in progress. The offence alleged against the petitioner is punishable with imprisonment which may extend to 10 years. At present there are no grounds to say that the petitioner is not involved in commission of offence under NDPS Act to consider here bail plea in view of Sub -Section - 5 - HC-KAR NC: 2025:KHC:42288 CRL.P No. 13163 of 2025 1(b)(ii) of Section 37 of NDPS Act. If the petitioner is granted bail, there are chances of him committing similar offence. The accusation against accused No.5, who has been granted bail is that he came to purchase the MDMA to the spot and he was not possessing the MDMA. Therefore, the petitioner is not entitled for grant of bail on the ground of parity. 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.: 11