Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 18726 (KAR)

MAHARA ALI v. STATE OF KARNATAKA

CRL.P/2701/2026 · 2026-06-02

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:26217 CRL.P No. 2701 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. 2701 OF 2026 BETWEEN: MAHARA ALI S/O NOORUDDIN ALI AGED BOUT 48 YEARS COOLIE, PRESENTLY RESIDING AT VARUN GOWDACOFFEE ESTATE COOLIE LINE HALIYURU VILLAGE CHIKKAMAGALURU TALUK NATIVE OF NO.1 SUGVAGURI SIPAJAR STATION, BHAJANPATTAR TALUK DARANGDIST, ASSAM STATE (AS PER BAIL ORDER) …PETITIONER (BY SRI UTSAV GOWDA P.S, ADV) AND: STATE OF KARNATAKA BY ALDUR POLICE, CHIKKAMAGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BANGALORE. …RESPONDENT (BY SMT. RASHMI JADHA, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL FOR THE OFFENCE P/US/ 20(b)(ii)(A) OF NDSP ACT CRIME NO.168/2025 ALDUR P.S., ON THE FILE OF THE SPL.C.NO.117/2025 PENDING BEFORE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26217 CRL.P No. 2701 of 2026 ORAL ORDER 1. Accused No.1 in Spl.C.No.117/2025 pending before the Court of Principal District & Sessions Judge, Chikkamagaluru arising out of Crime No.168/2025 registered by Aldur Police Station, Chikkamagaluru for the offences punishable under Sections 20(b)(ii)B & 27(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the petitioner and learned Addl. SPP for the respondent - State. 3. FIR in Crime No.168/2025 was registered by Aldur Police Station, Chikkamagaluru for the aforesaid offences against the petitioner herein, on the basis of first information dated 30.10.2025 received from Sri Ravi G.A, Police officer, attached to Aldur Police Station. The - 3 - HC-KAR NC: 2026:KHC:26217 CRL.P No. 2701 of 2026 petitioner who was arrested in the present case along with accused no.2 was remanded to judicial custody and after completing investigation charge sheet has been filed against two persons. The bail application filed by the petitioner before the Trial Court was rejected. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, seized contraband article allegedly ganja was totally weighing 2 Kg 250 grams and the same is considered as a intermediate quantity under the relevant notification issued. Investigation of the case is completed and charge sheet has been filed. Since the contraband article is of intermediate quantity the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable to the present case. Accused no.2 as against whom similar allegations are found in the charge sheet has been granted regular bail by this Court in Crl.P.No.3100/2026 disposed of on 23.03.2026. It is not in dispute that the petitioner - 4 - HC-KAR NC: 2026:KHC:26217 CRL.P No. 2701 of 2026 has no other criminal antecedents. Under these circumstances, I am of the opinion that on the ground of parity, the petitioner herein is also entitled for the relief sought for in this petition. Therefore, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 5. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Spl.C.No.117/2025 pending before the Court of Principal District & Sessions Judge, Chikkamagaluru arising out of Crime No.168/2025 registered by Aldur Police Station, Chikkamagaluru for the offences punishable under Sections 20(b)(ii)B & 27(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One - 5 - HC-KAR NC: 2026:KHC:26217 CRL.P No. 2701 of 2026 Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 70