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2026 DAILYLAW 30464 (KAR)

MOHAMMED HANEEF v. STATE OF KARNATAKA

CRL.P/8436/2026 · 2026-07-22

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010400632026 NC: 2026:KHC:37738 CRL.P No. 8436 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8436 OF 2026 BETWEEN: MOHAMMED HANEEF S/O. SHAHAJAN, AGED ABOUT 35 YEARS, THODIYAL HOUSE, VELLUR, ALAPADAMBA, KANNUR, KERALA - 670 307. …PETITIONER (BY SRI. LETHIF B, ADVOCATE) AND: STATE OF KARNATAKA BY AMRUTHAHALLY POLICE STATION BENGALURU CITY REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.24/2026 REGISTERED BY AMRUTHAHALLY P.S., FOR THE OFFENCES P/U/S 20(b), 8(c), 22 OF NDPS ACT, PENDING BEFORE THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010400632026 NC: 2026:KHC:37738 CRL.P No. 8436 of 2026 XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) (CCH-35) 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 No.13 in Crime No.24/2026 registered by Amruthahally Police Station, Bangaluru for the offences punishable under 20(b), 8(c) and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'Act') is before this Court in this petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.24/2026 was registered by Amruthahally Police Station, Bangalore, for the aforesaid offences against Kushal and three others. In the said case, the petitioner was arrested on 03.05.2026 and remanded to judicial custody. In his remand application the petitioner is arrayed as accused No.3. His bail application filed before the jurisdiction of - 3 - HC-KAR CNR: KAHC010400632026 NC: 2026:KHC:37738 CRL.P No. 8436 of 2026 Sessions Court in Crl.Mis.No.4709/2026 was rejected on 08.06.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused Nos. 3, 4, 5 to 7, 10 and 12 have been enlarged on bail by this Court in the present case. There is no seizure of any contraband article from the possession of the petitioner. He has no other criminal antecedent. Accordingly, prays to allow the petition. 5. Per contra, the Additional State Public Prosecutor who has opposed the petition does not dispute the submission made by the petitioner. 6. Material on record would go to show that FIR in the present case was registered against one Kushal and three others. Contraband articles seized in the present case, which is of commercial quantity, were recovered from the possession of accused Nos.1 to 4 named in the FIR. Based on the confession statement of the arrested accused, subsequently, the petitioner was also arrested in the present case and remanded to judicial custody. Accused No.4-Wilson, named inthe FIR, was granted - 4 - HC-KAR CNR: KAHC010400632026 NC: 2026:KHC:37738 CRL.P No. 8436 of 2026 regular bail by the Co-ordinate Bench of this Court in Crl.P.No.4921/2026 disposed of on 29.04.2026. Accused Nos.10 and 12 were granted regular bail in Crl.P.No.3025/2026 and Crl.P.No.6516/2026. Accused No.3 was granted regular bail by this Court in Crl.P.No.6945/2026. Accused Nos. 5 to 7 were granted regular bail by this Court in Crl.P.No.4683/2026. Undisputedly, there is no seizure of any contraband article from the possession of the petitioner in the present case, who has no other criminal antecedents. Under these circumstances, the following: ORDER (i) The petition is allowed. (ii) The petitioner/accused No.13 is ordered to be enlarged on bail in Crime No.24/2026 registered by Amruthally Police Station, Bangaluru for the offences punishable under Sections 20(b), 8(c) and 22 of the Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh - 5 - HC-KAR CNR: KAHC010400632026 NC: 2026:KHC:37738 CRL.P No. 8436 of 2026 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 him 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE HDK List No.: 1 Sl No.: 49