- 1 - HC-KAR CNR: KAHC010423582026 NC: 2026:KHC:38846 CRL.P No. 9060 of 2026 C/W CRL.P No. 9211 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. 9060 OF 2026 C/W CRIMINAL PETITION NO. 9211 OF 2026 IN CRL.P No. 9060/2026: BETWEEN: MINAL A S/O LATE N NINGARAJU AGED ABOUT 25 YEARS R/AT NO. 4/22/CC KALLU BAVI BEEDHI KAVERI ROAD KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT. …PETITIONER (BY SRI MAHAMMAD ANWAR, ADV.) AND: STATE OF KARNATAKA BY METAGAHALLI POLICE STATION MYSURU, REP. BY SPP HIGH COURT BUILDING BANGALORE - 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 RELEASE PETITIONER ON REGULAR BAIL IN CRIME NO.53/2026 OF MATEGAHALLI POLICE STATION, MYSURU FOR THE OFFENCE UNDER SECTIONS 22(C) AND 29 OF THE NDPS ACT, 1985, PENDING ON FILE OF VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSORE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010423582026 NC: 2026:KHC:38846 CRL.P No. 9060 of 2026 C/W CRL.P No. 9211 of 2026 IN CRL.P NO. 9211/2026: BETWEEN: SMT. PREETHI M W/O ABHISHEK AGED ABOUT 20 YEARS R/AT EWS NO.268 3RD CROSS OPP TO BUS STOP SHARADEVI NAGARA MYSURU - 570 001, PRESENTLY RESIDING AT C/O BHAGYAMMA OPP: CHANDRAMOULESHWARA TEMPLE, SIDDALINGAPURA VILLAGE MYSURU - 570 001. ...PETITIONER (BY SRI MANOJ S.N, ADV.) AND: STATE OF KARNATAKA BY METAGALLI P.S REPRESENTED BY THE SPP OFFICE OF THE ADVOCATE GENERAL HIGH COURT BUILDING BENGALURU - 560 001. ...RESPONDENT (BY SRI.RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO PASS AN ORDER GRANTING BAIL THEREBY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.2 IN CRIME NO.53/2026 FOR THE ALLEGED OFFENCES P/U/S 22(c) AND 29 OF NDPS ACT, REGISTERED BY THE RESPONDENT POLICE PENDING ON THE FILE OF LEARNED VII ADDITIONAL DISTRICT AND SESSIONS JUDGE MYSURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR CNR: KAHC010423582026 NC: 2026:KHC:38846 CRL.P No. 9060 of 2026 C/W CRL.P No. 9211 of 2026 ORAL ORDER 1. Accused Nos.2 and 6 in Crime No.53/2026 registered by Metagalli Police Station, Mysuru, for the offences punishable under Sections 22(C) and 29 of the NDPS Act, 1985, are before this Court in these two petitions filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.53/2026 was registered by Metagalli Police Station, Mysuru, for the aforesaid offences against Latha and others based on the first information dated 24.05.2026 received from Shabbeer Hussain, police officer attached to Metagalli Police Station. In the said case, accused No.2 was arrested on 24.05.2026 and accused No.6 was arrested on 26.05.2026. Their bail application filed before the Trial Court in Crime No.53/2026 was rejected. Therefore, they are before this Court in these two petitions. 4. Perusal of the material on record would go to show that FIR in the present case was initially registered against four persons. Accused No.2 named in the FIR was arrested on - 4 - HC-KAR CNR: KAHC010423582026 NC: 2026:KHC:38846 CRL.P No. 9060 of 2026 C/W CRL.P No. 9211 of 2026 24.05.2026 and based on the confession statement of arrested accused, subsequently accused No.6 was arrested on 26.05.2026. Perusal of the recovery mahazar dated 24.05.2026 prepared between 05.30 p.m. to 09.30 p.m. would go to show that seizure of contraband article allegedly MDMA totally weighing 12.80 grams is from the possession of accused Nos.1 to 4. There is no seizure of any contraband article in the present case from the possession of accused No.6. 5. A reading of the seizure mahazar would go to show that gazetted officer for the purpose of Section 50 of the NDPS Act in the present case, had accompanied the raiding squad and therefore, he cannot be considered as an independent gazetted officer for the purpose of Section 50 of the NDPS Act. The law in this regard has been laid down by the Hon'ble Supreme Court in the case of State of Rajasthan vs. Parmanand and Another - (2014) 5 SCC 345. 6. It is not in dispute that petitioners do not have any criminal antecedents. In the case of Vijaysinh Chandubha Jadeja vs. State of Gujarat - (2011) 1 SCC 609, the - 5 - HC-KAR CNR: KAHC010423582026 NC: 2026:KHC:38846 CRL.P No. 9060 of 2026 C/W CRL.P No. 9211 of 2026 Hon'ble Supreme Court has held that conviction of an accused in a case where the seizure mahazar is found to be illegal, gets vitiated. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:- 7. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.53/2026 registered by Metagalli Police Station, Mysuru, for the offences punishable under Sections 22(C) and 29 of the NDPS Act, 1985, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR CNR: KAHC010423582026 NC: 2026:KHC:38846 CRL.P No. 9060 of 2026 C/W CRL.P No. 9211 of 2026 d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 105