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2026 DAILYLAW 31072 (KAR)

MR. MOHAMMED SINAN v. STATE OF KARNATAKA

CRL.P/8915/2026 · 2026-07-27

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010421082026 NC: 2026:KHC:38786 CRL.P No. 8915 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8915 OF 2026 BETWEEN: MR. MOHAMMED SINAN AGED ABOUT 27 YEARS R/AT YKR BUILDING 3RD FLOOR ROOM NO.12/7, SAGAR LAYOUT BADLAYOUT, BTM 4TH STAGE BEGURU, BENGALURU - 560 076. …PETITIONER (BY SRI SACHIN KUMAR N.M, ADV.) AND: STATE OF KARNATAKA BY ITS BEGURU POLICE STATION BENGALURU, REP. BY HIGH COURT SPP BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS NECESSARY ORDERS GRANTING BAIL TO THE PETITIONER IN CRIME NO.0065/2026 REGISTERED ON 23/02/2026, REGISTERED BY THE RESPONDENT POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 8(C), 22(C) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT-1985, NOW PENDING FOR DUE DISPOSAL BEFORE THE HONOURABLE IX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, AT BANGALORE CITY. 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 CNR: KAHC010421082026 NC: 2026:KHC:38786 CRL.P No. 8915 of 2026 ORAL ORDER 1. Accused in Crime No.65 of 2026 registered by Beguru Police Station, Bengaluru city for offences punishable under Section 8(c) and 22(C) of NDPS Act 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.65 of 2026 was registered by Beguru Police Station for the aforesaid offences against the petitioner and another, based on the first information dated 23.02.2026 received from Sri Manjappa C A, police officer attached to Beguru Police Station. In the said case petitioner was arrested on 23.02.2026. Subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2145 of 2026 was partly allowed and he was granted interim bail for a period of three months. Subsequently, he had surrendered before the Trial Court on 16.06.2026 and remanded to judicial custody. It is under these circumstances, he is before this Court. - 3 - HC-KAR CNR: KAHC010421082026 NC: 2026:KHC:38786 CRL.P No. 8915 of 2026 4. Learned counsel for the petitioner submits that, accused no.2, as against whom similar allegation is found in the charge sheet has been granted regular bail by the Co-ordinate bench of this Court in Criminal Petition No.4911 of 2026 by order dated 29.04.2026. Petitioner who has been granted interim bail on medical grounds is now in custody. He has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition submits that, seized contraband article is of commercial quantity. In view of the rigour under Section 37(1)(b) of the NDPS Act, the petitioner's prayer for grant of regular bail needs to be rejected. 6. Perusal of the material on record would go to show that, based on credible information received, a raid was conducted to the house in which accused nos.1 and 2 were residing and at the instance of petitioner herein, contraband article allegedly 'MDMA' totally weighing 89 grams and his mobile phone were recovered. At the instance of accused no.2 - - 4 - HC-KAR CNR: KAHC010421082026 NC: 2026:KHC:38786 CRL.P No. 8915 of 2026 Sadiq, contraband article allegedly 'MDMA' totally weighing 103 grams, contraband article allegedly 'ganja' weighing 540 grams, mobile phone and zip lock covers were recovered. Accused no.2 has been granted regular bail by the Co-ordinate bench of this Court in Criminal Petition No.4911 of 2026 vide order dated 29.04.2026. The petitioner who was granted interim bail in the present case by the trial Court considering the fact that his mother is suffering from stage 4 cancer, has surrendered after expiry of interim bail and he is in custody. 7. Considering aforesaid aspects of the matter, more so, the fact that accused no.2 has been granted regular bail by the Co-ordinate bench of this Court, I am of the opinion that the petitioner's prayer for grant of regular bail needs to be answered affirmatively on the ground of parity. 8. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.65 of 2026 registered by Beguru Police Station, Bengaluru - 5 - HC-KAR CNR: KAHC010421082026 NC: 2026:KHC:38786 CRL.P No. 8915 of 2026 city for offences punishable under Section 8(c) and 22(C) of NDPS Act, 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.: 98