- 1 - HC-KAR CNR: KAHC010169772026 NC: 2026:KHC:40022 CRL.P No. 3731 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3731 OF 2026 BETWEEN: MUKTHIYAR AHMED PATAGAR @ MUKTAR S/O LATE ALI AKBAR, AGED ABOUT 58 YEARS, RESIDING AT, FLAT, NO.103, IMAGE, PALACE APARTMENT, MATAROD, OPP. GRAND MERIDIAN HOTEL, OLD KARPADI ROAD, KADPADI, VILLAGE, KAPU TALUK, UDUPI - 574105. …PETITIONER (BY SRI. YETURI MURALI, ADVOCATE) AND: STATE OF KARNATAKA, BY KEMPEGOWDANAGAR PS, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE 001. …RESPONDENT (BY SRI. RANGASWAMY R. HCGP) THIS CRL.P IS FILED U/S.439 OF CR.P.C. (FILED U/S.483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT TO Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010169772026 NC: 2026:KHC:40022 CRL.P No. 3731 of 2026 RELEASE THE PETITIONER/ ACCUSED NO.4 ON REGULAR BAIL ON THE COMPLAINT FILED BY THE COMPLAINANT / STATE SAME IS REGISTERED IN CR.NO.112/2025 AND AFTER CHARGE SHEET IT WAS REGISTERED AS SPL.C.NO.129/2026 OF KEMPEGOWDA NAGAR P.S FOR THE O/PU/S 23(b), 23(C), 29 OF NDPS ACT 1985 AND SEC. 238 OF BNS 2023, ON THE FILE OF THE XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, AND SPECIAL JUDGE, (NDPS) (CCH-35) AT 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.4 in Special Case No.129/2026 pending before the Court of XXXIV Additional District and Sessions Judge, Special Judge (NDPS), Bengaluru arising out of Crime No.112/2025 registered by Kempegowda Nagar Police Station, Bengaluru for offences punishable under Sections 23(b), 23(c), 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') and Section 238 of BNS, 2023, 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 - HC-KAR CNR: KAHC010169772026 NC: 2026:KHC:40022 CRL.P No. 3731 of 2026 3. FIR in Crime No.112/2025 was registered by Kempegowda Nagar Police Station, Bengaluru for offences punishable under Sections 20(b)(ii)A, 21A, 22(C), 23(a) of NDPS Act, against Prabhu Dev and others, based on the first information dated 17.07.2025 received from Rakshith, Police Officer attached to Kempegowda Nagar Police Station. In the said case petitioner was arrested on 24.07.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against four persons. Bail application filed by the petitioner before the trial Court in Special Case No.129/2026 was rejected on 23.02.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, on 17.07.2025, A.C.P. of Narcotic Drugs Control Bureau, CCB, Bengaluru had received email from the Customs Department of Chamarajapete Police Station, informing that they had received certain parcels, which they suspected to contain narcotic drugs. On receipt of - 4 - HC-KAR CNR: KAHC010169772026 NC: 2026:KHC:40022 CRL.P No. 3731 of 2026 such information, A.C.P. of CCB along with the staff had gone to the post office at Chamarajapete and collected the suspected parcels and when it was opened, it was found that the said parcels contained narcotic drugs. One of the parcels was allegedly addressed in the name of the petitioner, which contained contraband article allegedly MDMA weighing 20 grams. It is under these circumstances, petitioner was arraigned as accused No.4 in the FIR in Crime No.112/2025 registered by Kempegowda Nagar Police Station and subsequently, arrested on 24.07.2025. 5. It is not in dispute that police have not recovered anything from the possession of the petitioner during the course of investigation, except his mobile phone. 6. Learned High Court Government Pleader has fairly submitted that even from the seized mobile phone which was forwarded to the Forensic Science Laboratory, - 5 - HC-KAR CNR: KAHC010169772026 NC: 2026:KHC:40022 CRL.P No. 3731 of 2026 nothing incriminating has been retrieved, as against the petitioner. 7. Though the suspected parcel which contained 20 grams of contraband article-MDMA was in the name of the petitioner, no material is collected by the prosecution to show that the same was booked by the petitioner or it was in any way connected to him. Undisputedly, the said parcel was opened in the absence of the petitioner by the police and no attempt was made for controlled delivery of the said parcel on the petitioner. 8. In view of the aforesaid, the rigour under Section 37(1)(b) of the NDPS Act cannot be made strictly applicable to the petitioner. However, learned HCGP has expressed apprehension of flight risk and therefore, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: - 6 - HC-KAR CNR: KAHC010169772026 NC: 2026:KHC:40022 CRL.P No. 3731 of 2026 ORDER (i) The criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special Case No.129/2026 pending before the Court of XXXIV Additional District and Sessions Judge, Special Judge (NDPS), Bengaluru arising out of Crime No.112/2025 registered by Kempegowda Nagar Police Station, Bengaluru for offences punishable under Sections 23(b), 23(c), 29 of NDPS Act and Section 238 of BNS, 2023, 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; - 7 - HC-KAR CNR: KAHC010169772026 NC: 2026:KHC:40022 CRL.P No. 3731 of 2026 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. f) The petitioner shall surrender his passport, if any, before the trial Court, which shall be subject to further orders from the said Court. Sd/- (S VISHWAJITH SHETTY) JUDGE MCR List No.: 1 Sl No.: 49