- 1 - HC-KAR NC: 2026:KHC:28107 CRL.P No. 16769 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.16769 OF 2025 BETWEEN: 1. SRI. ABDUL FAIZAL M., S/O ABDUL HAMEED, AGED ABOUT 26 YEARS, R/AT MORTANE HOUSE, KADAMBAR POST, MANJESHWARA, KASARAGOD DISTRICT, KERALA STATE-671348. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: 1. STATE BY ULLAL POLICE STATION, MANGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CC.NO.418/2025 (CR.NO.35/2025, REGISTERED BY THE ULLALA POLICE STATION), FOR THE OFFENCES PUNISHABLE UNDER SECTION 111 OF THE BNS, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28107 CRL.P No. 16769 of 2025 2023 AND SECTIONS 3(1) AND 25 ARMS ACT, ON THE FILE OF VII JMFC COURT, MANGALURU. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent/State. 2. The factual matrix of the case of the prosecution is that, on 13.03.2025 at about 8.00 a.m., the PSI, CCB unit, Mangaluru, received a credible information that two persons are illegally selling narcotic drugs and carrying arms without any licence and roaming in a white colour Volkswagen car at Devipura, Talapadi, Ullal Taluk. Receiving the said information and after obtaining permission from the higher officer, he proceeded to the spot along with the panchas at about 9.45 a.m. They noticed the vehicle bearing registration No.MH-02- BT-2287 and two persons in the said car. On enquiry, they revealed their names and address. From accused No.1, a pistol, two live cartridges and a mobile phone were recovered and - 3 - HC-KAR NC: 2026:KHC:28107 CRL.P No. 16769 of 2025 from accused No.2, a mobile phone and a car key were recovered. The accused No.3 was arrested on 15.03.2025 i.e., the present petitioner herein and from his possession, a pistol, live cartridge and a mobile phone were recovered. The police investigated the matter and filed the charge-sheet for the offences punishable under Section 111 read with Section 3(5) of BNS 2023 and under Section 3(1), 25(1B)(a) of Arms Act. The accused No.2 in view of direction given by this Court earlier had approached the Sessions Court and the same was rejected and later on approached this Court and this Court in Crl.P.No.17697/2025 having taken note of there is absolutely no recovery from the said petitioner and the petitioner is in custody from March 2025, enlarged him on bail. 3. The learned counsel for the petitioner would submit that accused No.2 has already been enlarged on bail and this petitioner may also be enlarged on bail. The learned counsel also would submit that this petitioner is in custody from 15.03.2025 and investigation has already been completed and charge-sheet has been filed. The only allegation against him is that he was having the pistol without the license. - 4 - HC-KAR NC: 2026:KHC:28107 CRL.P No. 16769 of 2025 4. Per contra, the learned High Court Government Pleader appearing for the respondent/State would submit that there was no any recovery at the instance of accused No.2 and there is a recovery at the instance of this petitioner i.e., a pistol was recovered with unused cartridges. The learned counsel would submit that accused No.1, who is also similarly placed, is in custody and he has not been enlarged on bail. The learned counsel submits that there are six cases against this petitioner and all the cases are registered at Kerala in respect of the offences of NDPS and other IPC offences and there are criminal antecedents against him and hence, the petitioner is not entitled for bail. 5. Having heard the learned counsel for the petitioner and also the learned High Court Government Pleader appearing for the respondent/State and also considering the material on record, on credible information, accused Nos.1 and 2 were arrested. At the instance of accused No.1, pistol and unused cartridges were seized and the same were there in the car and accused No.1 had purchased in total 6 pistols from Maharashtra and one was sold in favour of this petitioner and on information given by accused No.1, this petitioner was apprehended and - 5 - HC-KAR NC: 2026:KHC:28107 CRL.P No. 16769 of 2025 recovery of pistol was made with unused cartridges and no license. When such being the case, I do not find any ground to enlarge him on bail and there are criminal antecedents against this petitioner and he had indulged in other offences of NDPS as well as IPC offences and 5 cases were registered at Kerala. He is also a resident of Kerala and if he is enlarged on bail, there are chances of fleeing away from justice. Hence, I do not find any ground to enlarge him on bail only on the ground that he is in custody from 15.03.2025 when he was armed with a pistol without any licence and also considering the previous antecedents. 6. In view of the discussions made above, I pass the following: ORDER The petition is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 2