- 1 - HC-KAR NC: 2025:KHC:43024 CRL.P No. 11738 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. 11738 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. KHAJA SAHIL @ SAHIL AGED ABOUT 22 YEARS S/O LATE ARIF PASHA R/O AT No. 22, 13TH “B” CROSS PADARAYANAPURA BANGALORE SOUTH BENGALURU - 560 026. …PETITIONER (BY SRI CUKOO DELHI, ADVOCATE FOR SRI SATYANARAYANA S CHALKE, ADVOCATE) AND: 1. STATE BY KORMANGALA P S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER (ARRAYED AS ACCUSED No.3) ON BAIL IN CR.No.177/2025 OF RESPONDENT KORAMANGALA P.S PENDING ON THE FILE OF HON’BLE COURT XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS) BENGALURU CCH-33 FOR THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43024 CRL.P No. 11738 of 2025 ALLEGED OFFENCE PUNISHABLE UNDER SECTION 22(b) OF N.D.P.S ACT, 1985. 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 1. This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in crime No. 177/2025 of Koramangala Police Station registered for offence under Section 22(b) Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the `NDPS Act’). 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that the contraband seized is 12.62 Gms of alleged MDMA from possession of accused Nos. 1 to 4. If it is divided among the 4 persons, it cannot be said to be commercial quantity. Accused No. 4 has been granted bail and the - 3 - HC-KAR NC: 2025:KHC:43024 CRL.P No. 11738 of 2025 present petitioner is also similarly placed to that of accused No. 4 who is granted bail. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that accused Nos. 1 to 4 were in a room in a lodge and from their possession 12.62 Gms of contraband has been seized. Said seized contraband has been sent to FSL for examination. The FSL report indicate that the seized contraband is positive for MDMA. The quantity of MDMA seized is commercial quantity and therefore rigor of Section 37 of NDPS Act is applicable. The petitioner is not entitled for grant bail on the ground of parity since at the time of considering bail application of accused No. 4, the FSL report was not placed on record. The offence alleged against the petitioner is a heinous offence and it affects society at large and particularly youngsters. If the petitioner is granted bail, there are chances of he hampering the investigation, tampering the prosecution witnesses and committing similar offence. - 4 - HC-KAR NC: 2025:KHC:43024 CRL.P No. 11738 of 2025 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. On 03.07.2025 at about 02.30 p.m. when the complainant was on patrolling duty, he received credible information that unknown persons were selling drugs to customers in a lodge at Koramangala. Complainant registered a case in crime No. 177/2025 against unknown persons and thereafter informed the same to higher officers and obtained permission to conduct raid. He along with panchas and staff went to the spot and conducted raid. Accused Nos. 1 to 4 were found in the room in the lodge and they were found possessing 12.62 Gms of MDMA. Said contraband has been seized under mahazar. 7. Seized contraband has been sent to FSL for examination. The FSL report is placed on record by the learned HCGP and it indicates that the contraband seized is positive for MDMA. The contraband seized is of commercial quantity. Petitioner along with other accused - 5 - HC-KAR NC: 2025:KHC:43024 CRL.P No. 11738 of 2025 was present in the room in the lodge from whose possession 12.62 grams of MDMA has been seized. At the time of considering the bail application of accused No. 4, said FSL report was not placed on record. Since the quantity of MDMA seized is commercial quantity, the provision contained under Section 37 of the NDPS Act is applicable. Considering the materials placed on record, it cannot be said that petitioner is not involved in commission of offence under NDPS Act. Investigation is in progress and if the petitioner is granted bail there are chances of he hampering the investigation, tampering the prosecution witnesses and committing similar offence. Petitioner has not made out any grounds for grant of bail. 8. In the result petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 1 Ct.sm