- 1 - HC-KAR NC: 2026:KHC:29667 CRL.P No. 1946 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1946 OF 2026 BETWEEN: MOHAMMED HANIF S/O LATE REMAMANSAB AGED ABOUT 52 YEARS R/AT 1606/3, 1ST MAIN, 2ND CROSS AHAMED NAGAR DAVANAGERE - 577 001. …PETITIONER (BY SRI S.B. TOTAD, ADV.) AND: THE STATE OF KARNATAKA AZAD NAGARA POLICE STATION DAVANAGERE DISTRICT REPTD. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT THE RELIEF OF BAIL UNDER SEC.483 OF THE BNSS 2023 (SEC.439 OF THE CODE OF CRIMINAL PROCEDURE) IN SPL.CASE NO.466/2025 FOR THE OFFENCE P/U/S 20(b)(ii) B,31 OF NDPS ACT PENDING ON THE FILE OF THE PRL.DISTRICT AND SESSIONS DAVANAGERE IN CR.NO.118/2025 BY AZAD NAGAR POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29667 CRL.P No. 1946 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in Special Case No.466 of 2025, pending before the Court of Principal District and Sessions Judge, Davangere, arising out of Crime No.118 of 2025 registered by Azhad Nagar Police Station, Davangere, for offences punishable under Section 20(b)(ii)B and Section 31 of NDPS Act, 1985 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.118 of 2025 was registered for the aforesaid offences by Azad Nagar Police Station, Davanagere against Mehboob Bee and others, based on the first information dated 20.07.2025 received from Sri Manjunath Swamy, police officer attached to Azad Nagar Police Station. In the said case, petitioner, who was arraigned as accused no.2 in the FIR was arrested on 20.07.2025 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in - 3 - HC-KAR NC: 2026:KHC:29667 CRL.P No. 1946 of 2026 Special case (NDPS) No.466 of 2025 was rejected on 31.12.2025. Therefore, he is before this Court. 4. In the first information submitted by the police officer attached to Azhad Nagar Police Station on 20.07.2025, it is stated that on the said date he had summoned Syed Sadat Abrar, Sayed Imran and M. Prashanth for the purpose of their interrogation in Crime No.114 of 2025, Crime No.115 of 2025 and Crime No.117 of 2025 registered under Section 27(b) of the NDPS Act and during their interrogation they allegedly had confessed that they had purchased contraband article ganja from accused no.1 - Mehboob Bee and accused no.2 - Mohammad Haneef. Thereafter, the police had apprehended accused nos.1 and no. 2 behind the stadium at SSM Nagara 'B' Block, Davanagere and from their possession, contraband article allegedly ganja weighing 1,250 grams was recovered from a plastic bag. It is under these circumstances, accused nos.1 and 2 were arrested on 20.07.2025 and thereafter remanded to judicial custody. 5. Investigation of the case is completed and charge sheet has been already filed. Charge sheet material as well as - 4 - HC-KAR NC: 2026:KHC:29667 CRL.P No. 1946 of 2026 the recovery mahazar would reflect that seizure of contraband article allegedly ganja totally weighing 1,250 grams was from the bag which was produced by accused no.1. Petitioner was allegedly present along with accused no.1. Undisputedly, he has no other criminal antecedent, there is no seizure of any contraband article from his possession. He is in custody in the present case from 20.07.2025 onwards. The seized contraband article in the present case is of intermediate quantity and therefore the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable to the case on hand. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 6. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.466 of 2025, pending before the Court of Principal District and Sessions Judge, Davanagere, arising out of Crime No.118 of 2025 registered by Azhad Nagar Police Station, Davangere, for offences punishable under Section 20(b)(ii)B - 5 - HC-KAR NC: 2026:KHC:29667 CRL.P No. 1946 of 2026 and Section 31 of NDPS Act, 1985, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One 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. e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 54