- 1 - HC-KAR NC: 2026:KHC:16346 CRL.P No. 1867 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1867 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: NITHIN GOWDA S/O. KUMAR. K. H., AGED ABOUT 19 YEARS, R/AT 14TH CROSS, HOYSALNAGAR, SUNKADAKATTE, BENGALURU-560 091. …PETITIONER (BY SRI. SHEKARAPPA.,ADVOCATE) AND: STATE BY KARNATAKA BYADARAHALLI POLICE STATION, BENGALURU Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16346 CRL.P No. 1867 of 2026 NOW REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU HIGH COURT COMPLEX, BANGALORE-560 001. …RESPONDENT (BY SRI.HARISH GANAPATHY.,HCGP) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.514/2025 FOR THE OFFENCE P/US/ 8(c),22(c) OF NDPS ACT 1985 REGISTERED BY THE BYADARAHALLI POLICE STATION, ON THE FILE OF THE VIII ADDL DISTRICT AND SESSIONS JUDGE, SPECIAL JUDGE (NDPS) BENGALURU RURAL DISTRICT AT BENGALURU IN THE ABOVE CASE, IN THE INTREST OF JUSTICE. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:16346 CRL.P No. 1867 of 2026 ORAL ORDER 1. The petitioner/accused No.2 is before this Court seeking for grant of regular bail in Crime No.514/2025 of respondent-police for the offence under Sections 8(c) and 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985. Brief facts of the case: 2. The case of the prosecution is that the Police Inspector lodged a complaint stating that he had received an information on 05.11.2025 around about 11.00 p.m., stating that two persons were indulging in selling the contraband namely MDMA crystal in front of Manjunathaswamy agencies in pipeline road of Mahadeshwaranagara. On receiving the said information, the complainant and his team and also panchas went to the spot and found that two persons were standing and they were indulging in selling the contraband. Immediately, they apprehended the petitioner and seized 26.12 grams of MDMA along with android mobile phone, one iPhone and one electronic weighing machine. Thereafter, the complainant had received information that the said contraband has been - 4 - HC-KAR NC: 2026:KHC:16346 CRL.P No. 1867 of 2026 purchased by them from accused No.3. The investigation is in progress. 3. Heard Sri.Shekarappa, learned counsel for the petitioner and Sri.Harish Ganapathy, learned High Court Government Pleader for respondent-State. 4. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences. He is aged about 19 years and there are no criminal antecedents against him. The petitioner is law-abiding citizen and staying along with his parents. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submission, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that the contraband seized by the petitioner and other accused is 26.12 grams, which is considered as commercial quantity. If the petitioner is enlarged on bail, there may be chances of committing similar offence. Moreover, it appears that the petitioner has been involved in selling the contraband to the - 5 - HC-KAR NC: 2026:KHC:16346 CRL.P No. 1867 of 2026 youths and the public at large. The said offence is heinous and also threat to the nation. Therefore, it is not appropriate to grant him bail. 6. Heard learned counsel for the respective parties and perused the averments of the complaint and also the remand application. It appears from the record that the complainant being the Police Inspector had received information from the informants that contraband was being sold in front of Manjunathswamy Agencies situated at Pipe Line Road, Mahadeshwarnagar. On receiving the said information, it is stated that he had been to the spot along with his staff and panchas, seized the said contraband and arrested the petitioner and other accused. It appears from the record that 26.12 grams of MDMA crystal was seized. However, it seems that joint recovery has been made and no specific quantity of the contraband seized from the petitioner. Moreover, it appears that Section 52A of the NDPS Act has not been followed. 7. Having considered the age and antecedents of the petitioner it is appropriate to grant him bail by imposing - 6 - HC-KAR NC: 2026:KHC:16346 CRL.P No. 1867 of 2026 suitable conditions, that would take care of the apprehension of the prosecution. 8. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.514/2025 of respondent-police for the offence under Sections 8(c) and 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2026:KHC:16346 CRL.P No. 1867 of 2026 (v) The petitioner shall not indulge in any criminal cases till disposal of the case. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 40