- 1 - HC-KAR NC: 2025:KHC:46393 CRL.P No. 14113 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14113 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. SRI. SHREYAS RAMADAS BHANDARI S/O LATE RAMADAS BHANDRARY, AGED ABOUT 35 YEARS, R/AT. 1-49, POOVANGATTU ULIYARA GOLI, KAPU TALUK, UDUPI DISTRICT - 574 106. …PETITIONER (BY SRI. ARUNA SHYAM, SENIOR COUNSEL FOR SRI. SUYOG HERELE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KAPU POLICE STATION, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.109/2025 REGISTERED BY THE RESPONDENT NO.1 KAPU POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(c), 20(b)(ii)A, 22(b) OF THE NARCOTIC Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46393 CRL.P No. 14113 of 2025 DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985, PENDING BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI. 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 sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.109/2025 of Kapu Police Station, registered for offences punishable under Sections 8(c), 20(b)(ii)A and 22(b) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard the learned Senior Counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned Senior Counsel for petitioner would contend that, the quantity of contraband seized from the possession of the petitioner is intermediate quantity. The - 3 - HC-KAR NC: 2025:KHC:46393 CRL.P No. 14113 of 2025 search has been conducted in the presence of Gazetted Officer as per Section 50 of NDPS Act. The suspected accused has to be taken to the nearest Gazetted Officer or Magistrate, if he intends to be searched before them. But in violation of the same, the raiding party has kept the Gazetted Officer present with him at the time of raid. He further submits that, in respect of intermediate quantity of ganja seized, the accused has been granted bail by co-ordinate Bench of this Court in the case of MR. SHAIK MOHAMMED HUJEEF VS. STATE OF KARNATAKA in CRIMINAL PETITION NO.3506/2024 disposed of on 16.05.2024. He also submits that, the petitioner is ready to abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Learned High Court Government Pleader for respondent would contend that, even though the quantity seized from the possession of the petitioner is intermediate quantity, but the FSL report indicates that, they are positive for ganja and MDMA. Apart from - 4 - HC-KAR NC: 2025:KHC:46393 CRL.P No. 14113 of 2025 contraband, two currency notes of Rs.500/- denomination have been seized. A case is registered against the petitioner in Crime No.118/2018 of Bangalore North Police Station for offences under Sections 452 and 34 of IPC. The petitioner in his voluntary statement has stated that, he is working as an Accountant in a hotel at Goa. The investigation is in progress. With these, she prayed for dismissal of the petition. 5. Having heard the learned Senior Counsel for petitioner and learned High Court Government Pleader for respondent, the Court has perused FIR, complaint and other materials placed on record. 6. On receipt of telephonic information, the Police Inspector, Kapu Police Station has registered a case in Crime No.109/2025 of Kapu Police Station for offences under Sections 8(c), 20(b)(ii)A and 22(b) of NDPS Act against the unknown person. Thereafter, raid has been conducted and on personal search of the petitioner, he is - 5 - HC-KAR NC: 2025:KHC:46393 CRL.P No. 14113 of 2025 found with two currency notes of Rs.500/- denomination. He possessed a bag and on verification, it contained two mobile phones, ten (10) small plastic covers containing ganja and a pouch containing five (5) blue coloured tablets and on enquiry the petitioner has stated that they are MDMA tablets. The weight of said ten (10) small plastic covers is 58.77 grams. The said contraband has been seized under Mahazar. The FSL report indicates that, the contraband seized i.e., 58.77 grams is positive for ganja and five (5) blue coloured tablets are positive for MDMA. The offence alleged against the petitioner is punishable with imprisonment which may extend to ten (10) years and fine which may extend to Rs.1,00,000/-. The investigation is in progress. The petitioner is stated to have been involved in a crime at Bengaluru North Police Station in Crime No.118/2018 registered for offences under Sections 452 and 34 of IPC. The petitioner is stated to be working as an Accountant in a hotel at Goa. If the - 6 - HC-KAR NC: 2025:KHC:46393 CRL.P No. 14113 of 2025 petitioner is granted bail, there are chances of he committing similar offences. 7. Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 9