- 1 - HC-KAR NC: 2026:KHC:13457 CRL.P No. 15288 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 15288 OF 2025(439(Cr.PC)/ 483(BNSS)) BETWEEN: MR. ABDUL ASEER @ ABDUL ASSER @ SADDU @ SADU @ MAYA, AGED ABOUT 19 YEARS, S/O. MOHAMMED ASHRAF, R/AT. NANGI HOUSE, NANGI KADAPPURAM, MOGRAL POST, KASARAGOD DISTRICT, KERALA-671 321. …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH MANGALURU EAST POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SMT. ASMA KASEV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY PENDING TRIAL IN SPL.C.NO.150/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 8(C) AND SECTION 22(C) OF NDPS ACT PENDING ON THE FILE OF THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU WHICH IS REGISTERED IN Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13457 CRL.P No. 15288 of 2025 PURSUANCE OF CRIME NO.29/2025 OF MANGALURU EAST PS, BY THE RESPONDENT POLICE AND THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU HAS REJECTED THE BAIL PETITION ON 04.10.2025 IN SPL.C.NO.150/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER Heard the learned counsel for the respective parties. 2. The petitioner is seeking for regular bail in Spl.C No.150/2025 arising out of Crime No.29/2025 of Mangaluru East Police Station for the offence punishable under Section 8(c) and Section 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, pending on the file of the learned Principal District and Sessions Judge, Dakshina Kannada, Mangaluru. 3. The case of the prosecution is that on 16.03.2025, about 03.45 p.m., the accused was waiting in a public area by keeping MDMA in a bag on the service road near Sandesh Hall on the National Highway going - 3 - HC-KAR NC: 2026:KHC:13457 CRL.P No. 15288 of 2025 from Nanthur to Pumpwell. On receiving the said information by the informant, he had obtained permission from the superior officer and went to the spot along with staff and panchas and conducted a raid at about 05.05 p.m. The accused was taken to custody and on search they seized 53.66 grams of MDMA. One packet contained MDMA, and also seized one sky bag, a shoulder bag company and also drawn panchanama to that effect, and thereafter, registered a case as per the provisions stated supra. After conducting the raid, they submitted the charge sheet. 4. Heard Sri Ashwin Joyston Kutinha, learned counsel for the petitioner and Ms.Asina Kasev, learned Additional State Public Prosecutor for the respondent- State. 5. The learned counsel for the petitioner submitted that the manner in which the contraband was weighed is not proper, as the contraband was weighed along with the - 4 - HC-KAR NC: 2026:KHC:13457 CRL.P No. 15288 of 2025 cover. It appears, the quantity was shown as more than the commercial quantity. Thereafter, when the plastic cover was removed and the contraband was weighed separately, the weight was found to be only 2.38 grams. Hence, the petitioner may be enlarged on bail by imposing suitable conditions. 6. Per contra, the learned Additional State Public Prosecutor for the respondent/State vehemently submitted that the petitioner is a habitual offender and is having more than five cases. If he is enlarged on bail, there may be chance of committing similar offence and also there may be chance of absconding from the case. Therefore, she prayed that petition may be rejected. 7. Heard the learned counsel for the respective parties. 8. On perusal of the averments in the charge sheet, no doubt, the seized contraband is of commercial quantity. Moreover, as submitted by the learned Additional - 5 - HC-KAR NC: 2026:KHC:13457 CRL.P No. 15288 of 2025 Public Prosecutor, the petitioner is involved in more than five cases of similar nature, including cases of theft. Therefore, it is not appropriate to grant bail to the petitioner. Hence, I proceed to pass the following: ORDER The petition stands rejected. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 22