- 1 - HC-KAR NC: 2025:KHC:33608 CRL.P No. 10101 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 10101 OF 2025 BETWEEN: VIJAY S/O SADASHIVA AGED ABOUT 35 YEARS R/AT: 8-75 D, NANDA GOKUL ANKUDRU, UDYAVARA, PITHRODI UDUPI - 574 118. …PETITIONER (BY SRI LETHIF B, ADVOCATE) AND: STATE OF KARNATAKA BY UDUPI TOWN POLICE STATION BENGALURU CITY REP. BY SPP, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY.R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.No.92/2025 OF UDUPI TOWN P.S., UDUPI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 8(c),22(b), 29 OF NDPS ACT, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS COURT, UDUPI AND ETC., Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33608 CRL.P No. 10101 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 and another accused have been charge sheeted by Udupi Town Police for the offence punishable under Section 8(c) and 22(b) of the NDPS Act, 1985, in their Station Crime No.92/2025. Petitioner is arraigned as Accused No. 1. He was arrested on 10.06.2025. His bail application has been rejected by the learned Sessions Judge vide order dated 01.07.2025. Hence, this petition. 2. The learned Sessions Judge has observed that the narcotic substance allegedly found in possession of accused is very small, however, such a small quantity is found to be intermediate quantity and the punishment provided is up to 10 years etc. Further observed that, considering such personal and social issues along with the nature and quantity of narcotic drugs, at this stage, it is not proper to release the accused on bail. - 3 - HC-KAR NC: 2025:KHC:33608 CRL.P No. 10101 of 2025 3. Learned HCGP would contend that petitioner, arraigned as accused No.1 was found in possession of MDMA as well as methamphetamine, as per FSL report, which confirms that he was possessing banned narcotic drug. He contended that there is one more case registered against the petitioner in Crime No.147/2023 of Kapu Police Station, Udupi, for the offence punishable under Section 27(b) of the NDPS Act. He, therefore, contended that chances of petitioner once again involving in similar offences is not ruled out and therefore, he is not entitled for bail. 4. It is the case of prosecution that on 10.06.2025 at about 02.30 p.m., the Police Sub Inspector of Udupi Town Police station received credible information that a person is trying to sell MDMA to the public near MET English Medium School, in Korangrapady Village, Udupi. As such, the police secured panchas and a gazetted officer and went to the spot and apprehended the petitioner and from his possession, a hand bag was seized. In the mahazar it is - 4 - HC-KAR NC: 2025:KHC:33608 CRL.P No. 10101 of 2025 stated that the petitioner had concealed MDMA in the said bag, in a plastic cover. As per mahazar, 5.06 grams of MDMA was seized including the plastic cover weighing 0.46 grams. In another plastic cover, 2.43 grams of the substance was seized. As per the FSL report, the substance found in Article(11) responded positive for methamphetamine, which weighed about 4.99 grams and in Article(12) responded positive for MDMA, weighing 2.44 grams. The drug allegedly found in possession of the petitioner is an intermediate quantity and not a commercial quantity. It is not in dispute that other case registered against the petitioner is for consumption of drug. Admittedly, no contraband was seized from his possession and he has been enlarged on bail in the said case. Considering that the investigation is completed and charge sheet is filed, imposing stringent conditions, petitioner can be enlarged on bail. Hence, the following: ORDER Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:33608 CRL.P No. 10101 of 2025 Petitioner/accused No.1 in Crime No.92/2025 of Udupi Town Police Station, 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. 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 leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. 4. He shall not tamper with the prosecution witnesses either directly or indirectly. 5. He shall not repeat similar offence and shall not indulge in any criminal activities. - 6 - HC-KAR NC: 2025:KHC:33608 CRL.P No. 10101 of 2025 6. He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 28