- 1 - HC-KAR NC: 2025:KHC:43253 CRL.P No. 13175 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13175 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. AFSHAN PASHA @ ASHYAN PASHA S/O IRSHAD PASHA AGED ABOUT 24 YEARS R/AT No. 23, 13TH CROSS BEHIND VINAYAKA TALKIES TIPPUNAGAR, CHAMARAJAPETE MYSORE ROAD BENGALURU PIN - 562 157. …PETITIONER (BY SRI. VIKAS M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KORAMANGALA POLICE STATION REPRESENTED BY SPP HIGHCOURT OF KARNATAKA HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER/ACCUSED No.1 ON BAIL IN CONNECTION WITH CR.No.177/2024 REGISTERED BY KORAMANGALA P.S. PENDING IN THE COURT OF THE XXXIII ADDL. CITY CIVIL AND Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43253 CRL.P No. 13175 of 2025 SESSIONS AND SPECIAL JUDGE (NDPS), BENGALURU (CCH.33) FOR THE OFFENCE PUNISHABLE UNDER SECTION 22(b) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985. THE XXXIII ACC AND SJ AND SPL.JUDGE, (NDPS), BENGALURU 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 the petitioner –accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.177/2025 of Koramangala Police Station registered for offence under Section 22(b) 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 room in which the contraband has been found is not booked by this petitioner. The place in which the contraband was kept in the room has not been stated in the mahazar. The allegation is that accused Nos.1 to 4 were in the rooms and they came there at the instance of - 3 - HC-KAR NC: 2025:KHC:43253 CRL.P No. 13175 of 2025 accused No.5. Accused No.4 has been granted bail by this Court and therefore, the petitioner is also entitled for grant bail on the ground of parity. With these, he prays to allow the petition and grant bail to the petitioner –accused No.1. 4. Per contra, learned Additional SPP for the respondent -State would contend that the petitioner along with accused Nos.2 to 4 were found in room No.411 and in the room, contraband was found and it was seized and it was weighing 12.62 grams of MDMA and it is a commercial quantity. The room was booked in the name of Tousif - accused No.5. FSL report indicates that the contraband seized is positive for MDMA. The voluntary statement of the petitioner has been recorded wherein he has specifically stated his involvement in sale of MDMA along with other accused. The matter is under investigation. If the petitioner is granted bail, there are chances of he hampering the investigation and committing similar offence. With this, she prayed for rejection of the petition. - 4 - HC-KAR NC: 2025:KHC:43253 CRL.P No. 13175 of 2025 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. It is the case of the prosecution that on 03.07.2025 at about 02.30 p.m. when complainant was on patrolling duty he received credible information and he went to Police Station and registered a case in Crime No.117/2025 against unknown persons. Thereafter, informing the same to his higher Officer and obtaining permission, conducted raid. He found accused Nos.1 to 4 in room No.411 of the lodge and also found 12.62 grams of MDMA in the said room. The said contraband seized has been sent to FSL for examination. The FSL report indicates that contraband seized is positive for MDMA. Contraband seized is of commercial quantity. 7. At the time of considering the bail application of the accused No.4, the FSL report was not placed. Therefore, the petitioner is not entitled for grant of bail on the ground of parity since contraband seized is of - 5 - HC-KAR NC: 2025:KHC:43253 CRL.P No. 13175 of 2025 commercial quantity from the room in which he and other three accused were present. The investigation is in progress. If, the petitioner is granted bail there are chances of he committing similar offence. 8. Considering the above aspects, at this stage it cannot be said that there are reasonable grounds for believing that petitioner is not guilty of offence under NDPS Act. Considering the above aspects, there are no grounds for grant of bail. 9. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 15 Ct.sm