- 1 - HC-KAR NC: 2025:KHC:35695 CRL.P No. 11577 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11577 OF 2025 BETWEEN: MOHAMMAD NOUFIL S/O ABDUL KAHDER AGED ABOUT 22 YEARS R/AT FATHIMA MANZIL SURYANAGAR KALAGHURU VILLAGE KAUP TALUK UDUPI DISTRICT - 574 106. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: THE STATE BY PADUBIDRI POLICE STATION, UDUPI REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.56/2025 (CR.NO.45/2025 OF PADUBIDRI P.S.) REGISTERED FOR OFFENCE P/U/S. 8(c), 22(b) OF NDPS ACT, PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT, UDUPI AND ETC., Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35695 CRL.P No. 11577 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 Petitioner / accused No. 1 has preferred this petition under Section 483 of BNSS, 2023 to enlarge him on bail in Crime No.45/2025 of Padubidri Police Station, Udupi District, registered for the offence punishable under Sections 8C, 22(b) of the NDPS Act, 1985. 2. Heard the arguments of learned counsel for the petitioner and learned HCGP for the State and perused the material on record. 3. In the complaint lodged by the PSI of Padubidri Police Station, it is alleged that on 10.04.2025, as some quarrel took place in one Green Chilli Hotel, Yermal Village, Kapu Taluk, police visited the place and brought the injured as well as the accused to the station and registered a case in Crime No. 44/2025 for the offence punishable under Section 189(2), 191(2)(3), 126(2), - 3 - HC-KAR NC: 2025:KHC:35695 CRL.P No. 11577 of 2025 115(2), 352, 351(2), 309(5) read with Section 190 of BNS 2023. It is alleged, during interrogation, the accused confessed to have concealed MDMA in the car, as such following the procedure, the contraband (4.36 gms of MDMA)was seized from the Swift Car bearing Regn.No.KA- 37/N-6060. 4. Case is registered against four named accused and others. Petitioner is arraigned as accused No. 1 in the FIR. Investigation is completed and charge sheet is filed. As per FSL report, seized sample responded positive for methamphetamine and negative for MDMA. Accused No.3 named in the FIR has been enlarged on bail by this Court in Crl.P.No.7077 of 2025 vide order dated 22.05.2025. 5. The alleged contraband is not seized from the exclusive possession of the petitioner. The prosecution has to establish that the petitioner had either concealed the contraband in the car or he had knowledge about MDMA concealed in the dashboard of the car. Similarly placed accused having been enlarged on bail, the relief - 4 - HC-KAR NC: 2025:KHC:35695 CRL.P No. 11577 of 2025 sought by the petitioner can be granted by imposing conditions. 7. Learned HCGP contended that petitioner is involved in other criminal case and in the event he is released on bail, he may commit similar offence. The apprehension of the prosecution can be taken care of by imposing stringent conditions. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.45/2025 of Padubidri Police Station, pending in Special Case No.56/2025 on the file of the Court of the Principal District and Sessions Judge, Udupi District, Udupi, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 5 - HC-KAR NC: 2025:KHC:35695 CRL.P No. 11577 of 2025 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, similar or otherwise. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 53