Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32506 CRL.P No. 6591 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6591 OF 2026 BETWEEN:
MAHENDRA BABU. M SON OF MALLIKARJUN, AGED ABOUT 27 YEARS, RESIDING AT NO. 57, GURUMURTHY ROAD, 8TH CROSS, KAMMANAHALLI MAIN ROAD, LINGARAJAPURAM, BANGALORE - 560 064. …PETITIONER (BY SRI. SANDESH KUMAR M, ADVOCATE) AND:
THE POLICE SUB-INSPECTOR BANASWADI POLICE STATION, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING BENGALURU - 01. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.162/2026 REGISTED BANASAWADI P.S., FOR THE OFFENCE P/US/ 8(c), 22(c) OF NDPS ACT, 1985 AND DIRECT Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:32506 CRL.P No. 6591 of 2026 THE RESPONDENT POLICE TO RELEASE THE PETITIONER PENDING BEFORE 11tH ACMM COURT, MAYO HALL BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.162/2026 registered by Banaswadi Police Station, Bengaluru City for the offences punishable under Section 8(c) and 22(c) 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 for the parties. 3. FIR in Crime No.162/2026 was registered by Banaswadi Police Station, Bengaluru City for the aforesaid offences against unknown person, based on the first information dated 04.03.2026 received from Sri.Ashfaq M. Lashkari, Police Officer attached to Banaswadi police station. In the said case, the petitioner herein was arrested on 04.03.2026
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HC-KAR NC: 2026:KHC:32506 CRL.P No. 6591 of 2026 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2596/2026 was rejected on 07.04.2026. Therefore, he is before this Court. 4. First information was submitted by the police officer attached to Banaswadi Police Station on 04.03.2026, based on the credible information received by him on the said day at about 04.00 p.m. to the effect that one unknown person aged between 30 to 35 years was attempting to sell contraband article MDMA to the public. After registration of the FIR, a raid was conducted to the alleged place where the said person was attempting to sell the contraband article. The petitioner who was found at the said place, was apprehended and from the motorbike which allegedly belonged to him, the contraband article namely MDMA, weighing 14 grams was recovered under a panchanama. Subsequently, the petitioner was arrested and remanded to judicial custody. 5. The contraband article which was seized from the possession of the petitioner was forwarded to the forensic science laboratory for examination. Now, the test report would
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HC-KAR NC: 2026:KHC:32506 CRL.P No. 6591 of 2026 go to show that the sample of the contraband article has tested positive for the drug known as methamphetamine and has tested negative for the drug known as MDMA. As per the relevant modifications issued under the provisions of NDPS Act, methamphetamine weighing above 50 grams is considered to be of commercial quantity. In the present case, seized contraband article was weighing about 14 grams and therefore, it has to be considered as intermediate quantity. Undisputedly, the petitioner has no other criminal antecedents. Major portion of the investigation is completed.
He is in custody in the present case for nearly 4 months. Since the contraband article seized is not of commercial quantity, the rigour under Section 37(1)(b) of the NDPS Act would not be applicable to the case of the petitioner. 6. Under the circumstances, I am of the opinion that by imposing stringent conditions on him, his prayer for grant of regular bail has to be answered affirmatively. Accordingly following:
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HC-KAR NC: 2026:KHC:32506 CRL.P No. 6591 of 2026 O R D E R The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.162/2026 registered by Banaswadi Police Station, Bengaluru City for the offences punishable under Section 8(c) and 22(c) of NDPS Act, 1985, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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.
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HC-KAR NC: 2026:KHC:32506 CRL.P No. 6591 of 2026 f) The petitioner shall appear before the Station House Officer of Banaswadi Police Station on every 2nd and 4th Sunday of the month, between 10.00 a.m. and 01 p.m. and mark the certain dates for a period of 1 year from the date of receipt of copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 54