- 1 - HC-KAR NC: 2026:KHC:25795 CRL.P No. 2676 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2676 OF 2026 BETWEEN: 1. SALMAN M S/O MAKBUL ALAM AGED ABOUT 29 YEARS RESIDING AT NO.1227/1 6TH CROSS, KTJ NAGARA DAVANAGERE PIN CODE - 5777004. 2. MOHIDDIN@ MOHIN S/O IRSHAD SAB AGED ABOUT 26 YEARS RESIDING AT 3RD MAIN 13TH CROSS, YALLAMA NAGARA DAVANAGERE PIN CODE 5777004. …PETITIONERS (BY SRI RAJU C.N, ADV.) AND: STATE BY KTJ NAGARA POLICE DAVANAGERE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE NO 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.25/2026 OF KTJ NAGARA P.S., DAVANAGERE, PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, AT DAVANAGERE, FOR THE OFFENCES P/U/S 20(b)(ii)(B),8(c) OF NDPS ACT, BY ALLOWING THIS PETITION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25795 CRL.P No. 2676 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.25/2026 registered by KTJ Nagar Police Station, Davanagere for the offences punishable under Sections 20(b)(ii)(B) & 8(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) are before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the petitioners and learned Addl. SPP for the respondent - State. 3. FIR in Crime No.25/2026 was registered by KTJ Nagar Police Station, Davanagere for the aforesaid offences against the petitioners herein and another on the basis of first information dated 26.01.2026 received from Sri Sunil Kumar H.S, Police officer, attached to KTJ Nagar - 3 - HC-KAR NC: 2026:KHC:25795 CRL.P No. 2676 of 2026 Police Station, Davanagere. The petitioners, who were arrested in the said case were remanded to judicial custody. The bail application filed by the petitioners before the Trial Court in Crime No.25/2026 was rejected on 05.02.2026. Therefore, they are before this Court. 4. It is the case of the prosecution that based on the credible information received, the first informant had conducted a raid to the alleged place where the accused persons were found to be in possession of contraband article allegedly ganja totally weighing 1 KG 636 grams. The seized contraband article is of intermediate quantity. 5. It is not in dispute that investigation of the case is completed and charge sheet has been filed. On the very same day, another criminal case is registered in Crime No.24/2026 based on the first information received from the very same police officer and even in the said case, the - 4 - HC-KAR NC: 2026:KHC:25795 CRL.P No. 2676 of 2026 petitioners are arraigned as accused. The contraband article involved in the said case is of small quantity. 6. The rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable to the present case since contraband article allegedly ganja seized from the petitioners is not of commercial quantity. Except the aforesaid two cases which were registered on the same day against the petitioners, they are not involved in any other criminal cases. Under these circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively subject to appropriate conditions. 7. Accordingly, the following: ORDER The petitioners are directed to be enlarged on bail in Crime No.25/2026 registered by KTJ Nagar Police Station, Davanagere for the offences punishable under Sections - 5 - HC-KAR NC: 2026:KHC:25795 CRL.P No. 2676 of 2026 20(b)(ii)(B) & 8(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 69