- 1 - HC-KAR CNR: KAHC010373782026 NC: 2026:KHC:39154 CRL.P No. 7833 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7833 OF 2026 BETWEEN: SAMSEER K S/O BASHEER, AGED ABOUT 28 YEARS, R/AT KAHNEERA, KOONIYODE, PALERY MUTHUVANNACHA POST AND VILLAGE, QUILANDY, KOZHIKODE DISTRICT, KERALA STATE - 673 508. …PETITIONER (BY SRI. MAHAMMED MUSTHAFA, ADVOCATE) AND: THE STATE OF KARNATAKA BY PUTTUR RURAL P.S., REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS BAIL PETITION AND RELEASE THE PETITIONER ON BAIL IN CR.NO.25/2026 OF RESPONDENT PUTTUR RURAL POLICE STATION, PENDING ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, D.K., Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010373782026 NC: 2026:KHC:39154 CRL.P No. 7833 of 2026 MANGALURU SITTING AT PUTTUR, D.K., FOR THE OFFENCES P/U/S 8(c), 22(c) AND 29 OF THE NDPS ACT, 1985 ANB SEC. 25(1B)(b) OF THE ARMS ACT, WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.3. 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.3 in Crime No.25/2026 registered by Puttur Rural Police Station, Dakshina Kannada for the offences punishable under Section 8(c), 22(C) and 29 of NDPS Act, 1985 and Section 25 (1B) (B) of Arms Act, 1959, 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.25/2026 registered by Puttur Rural Police Station, Dakshina Kannada for the aforesaid offences against Muhammad Ajmal C., and two others, based on the first information dated 18.02.2026 received - 3 - HC-KAR CNR: KAHC010373782026 NC: 2026:KHC:39154 CRL.P No. 7833 of 2026 from Gunapala J., Police Officer attached to Puttur Rural Police Station. In the said case, the petitioner herein who is arraigned as accused No.3 in the FIR, he was arrested on 18.02.2026 and subsequently produced before the jurisdictional Sessions Court. His bail application filed before the Trial Court in Crime No.25/2026 was rejected on 07.04.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused Nos.1 to 3 were illegally detained by the police for extraneous reasons and have been falsely implicated in the present case registered for offences punishable under NDPS Act. He submits that petitioner has no other criminal antecedents. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP opposed the bail application on the ground that the seized contraband article is of commercial quantity and therefore, in view of the rigor under Section 37(1)(b) of the NDPS Act, the - 4 - HC-KAR CNR: KAHC010373782026 NC: 2026:KHC:39154 CRL.P No. 7833 of 2026 prayer made by the petitioner for grant of bail needs to be rejected. 6. FIR in the present case was registered against Muhammad Ajmal C., and two others, based on the first information dated 18.02.2026 received from Gunapala J., Police Officer attached to Putturu Rural Police Station, at about 13 hours. In the first information, it is averred that based on credible information received on 18.02.2026 at about 11.30 a.m., the vehicle bearing registration No.KL- 77/E-0916 was intercepted at Olamogru in Parpunja village of Putturu Taluk and accused Nos.1 to 3, who were the inmates of the said car, were apprehended and from their possession contraband articles allegedly MDMA weighing 50 grams and a Talwar was recovered and seized under a panchanama. It is under these circumstances FIR was registered against accused Nos.1 to 3 in the present case. - 5 - HC-KAR CNR: KAHC010373782026 NC: 2026:KHC:39154 CRL.P No. 7833 of 2026 7. Learned counsel for the petitioner during the course of argument has produced copy of the order passed in WP (CRL.) No.282 of 2026 passed by the Division Bench of High Court of Kerala on 20.02.2026. Wife of accused No.1 Muhammad Ajmal C., is said to be the petitioner in the said case. The said writ petition was filed on 17.02.2026, alleging that accused No.1 was illegally detained. In the said case, submission was made by the learned Government Advocate that alleged detainee was in custody of Karnataka Police in connection with the case registered for offences punishable under the NDPS Act and Arms Act. Accepting the said submission, the writ petition was dismissed as withdrawn. 8. Allegation in the first information submitted in the present case is that, on 18.02.2026 at about 11.30 a.m. accused Nos.1 to 3 were apprehended and from their possession the contraband article and the weapon was recovered. Such an allegation becomes doubtful having regard to the writ petition filed before the High Court of - 6 - HC-KAR CNR: KAHC010373782026 NC: 2026:KHC:39154 CRL.P No. 7833 of 2026 Kerala on 17.02.2026 by the wife of accused No.1 alleging illegal detention of her husband by the police. In addition to the same, material on record would also go to show that learned counsel appearing on behalf of accused Nos.1 to 3 before the Trial Court had filed an application under Section 94 of BNSS, 2023 with a prayer to preserve and produce the complete CCTV footage of Hejomady Toll Plaza, Udupi District dated 13.02.2026 between 8.00 p.m. and 9.00 p.m., on the allegation that accused Nos.1 to 3 were illegally detained by the police from 13.02.2026 onwards. Order sheet in Crime No.25/2026 would go to show that said application was allowed by the Trial Court on 07.04.2026. 9. Learned counsel for the petitioner has submitted that the police have now submitted a report that the CCTV footage, which was directed to be preserved and produced, is said to have been deleted. Considering the aforesaid aspects of the matter, the rigor under Section 37(1)(b) of the NDPS Act cannot be made strictly - 7 - HC-KAR CNR: KAHC010373782026 NC: 2026:KHC:39154 CRL.P No. 7833 of 2026 applicable as against the accused in the present case. Investigation of the case is now completed and charge sheet has been filed. It is not in dispute that the petitioner herein remains as a criminal antecedent. 10. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.25/2026 registered by Puttur Rural Police Station, Dakshina Kannada for the offences punishable under Section 8(c), 22(C) and 29 of NDPS Act, 1985 and Section 25 (1B) (B) of Arms Act, 1959, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two - 8 - HC-KAR CNR: KAHC010373782026 NC: 2026:KHC:39154 CRL.P No. 7833 of 2026 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 AMM List No.: 1 Sl No.: 69