Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42155 CRL.P No. 12861 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12861 OF 2025 (439(Cr.PC) / 483(BNSS))
BETWEEN:
1.
NEIL NAKSHATHRA S/O M.S.SURESH AGED ABOUT 22 YEARS R/AT No.404, 4TH FLOOR 7TH A BLOCK, 1ST PHASE PROVIDENT SUNWORTH VENKATAPURA, DODDABELE BENGALURU – 560 060.
2.
PRANSHU KUMAR S/O NARENDRA CHOWDHARY AGED ABOUT 26 YEARS R/AT No.703, 7TH FLOOR 8TH A BLOCK, 1ST PHASE PROVIDENT SUNWORTH VENKATAPURA, DODDABELE BENGALURU – 560 060.
…PETITIONERS
(BY SRI SHIVA KUMARA K S, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY KUMBALAGUDU POLICE STATION BENGALURU-560 001.
REPRESENTED BY
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42155 CRL.P No. 12861 of 2025
STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 074.
…RESPONDENT
(BY SMT. PUSHPALATHA B ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL WHO IS ACCUSED No.1 AND 2/PETITIONER No.1 AND 2 IN CR.No.255/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(c),22(b),22(C) OF NDPS ACT.
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 accused Nos.1 and 2 under Section 483 of BNSS praying to grant bail in Crime No.255/2025 of Kumbalgodu Police Station registered for offences under Section 8(c), 22(b), 22(C) of NDPS Act. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that accused Nos.3 and 4 have been granted bail. The
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HC-KAR NC: 2025:KHC:42155 CRL.P No. 12861 of 2025
complaint has been filed by Head Constable wherein details of the contraband which was in possession of the accused persons has been stated and the contraband seized itself indicates that a false complaint has been filed against the petitioners. The house in which the contraband has been seized does not belong to accused Nos.1 and 2 and they were not tenants of the said house. The Hydro Ganja which is said to be seized is not specified in the schedule. The petitioners are in custody since 02.08.2025 and therefore, they are not required for custodial interrogation. There are no criminal antecedents. With these, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that petitioners herein were found possessing contraband of commercial quantity of MDMA and LSD. Therefore, there are restrictions for grant of bail as contained under Section 37 of the NDPS Act. The said contraband has been seized from conscious possession of the petitioner. The investigation is in progress. At this stage, if petitioners are
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HC-KAR NC: 2025:KHC:42155 CRL.P No. 12861 of 2025
granted bail, there are chances of they hampering the investigation and tampering the prosecution witnesses. With these she prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court has perused FIR, complaint and other materials placed on record. 6. On receipt of a credible information, a case came to be registered against the petitioners and on raid being conducted in the premises, petitioners were found in the house possessing contraband i.e. 11 grams of MDMA ecstasy pills and 25 LSD strips weighing 0.60 grams. The said contraband seized is a commercial quantity. The matter is still under investigation. Considering the above aspects, it cannot be said that the petitioners are not involved in commission of the offences alleged against them.
If the petitioners are granted bail, there are chances of they hampering the investigation and tampering the prosecution witnesses. Considering the above aspects, the
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HC-KAR NC: 2025:KHC:42155 CRL.P No. 12861 of 2025
petitioners have not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DKB List No.: 2 Sl No.: 65 Ct.sm