- 1 - HC-KAR CNR: KAHC010454532026 NC: 2026:KHC:40654 CRL.P No. 9729 of 2026 C/W CRL.P No. 9758 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9729 OF 2026 C/W CRIMINAL PETITION NO. 9758 OF 2026 IN CRL.P No. 9729/2026: BETWEEN: SRI RAGHAVENDRA V @ RAGHU S/O OBALESH AGED ABOUT 28 YEARS R/AT NO.01, NINGAIAH KERE HEBBAL COLONY, KUMBARAKOPPALU MYSURU CITY - 570 026. …PETITIONER (BY SRI PAVAN M, ADV.) AND: THE STATE OF KARNATAKA BY METAGALLI POLICE STATION MYSURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAYA MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO. 53/2026 THE CASE IS REGISTERED BY METAGALLI POLICE MYSURU , FOR THE OFFENCE PUNISHABLE UNDER SECTION 22(C), 29 OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985, PENDING ON THE FILE OF THE VII ADDL. DISTRICT AND SESSIONS JUDGE AT MYSURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010454532026 NC: 2026:KHC:40654 CRL.P No. 9729 of 2026 C/W CRL.P No. 9758 of 2026 IN CRL.P NO. 9758/2026: BETWEEN: SMT. LATHA N W/O SHIVAKUMLAR AGED ABOUT 34 YEARS RA/T NO.4504/B AKSHAYA NIVASA 7TH CROSS, NEAR DODDAMMA THAYI TEMPLE, N.R. MOHALLA MYSURU - 570 018 ALSO R/AT C/O BHAGYAMMA OPP CHANDRAMOULESHWARA TEMPLE SIDDALINGAPURA VILALGE MYSURU TALUK AND DIST. - 570 026. ...PETITIONER (BY SRI PAVAN M, ADV.) AND: THE STATE OF KARNATAKA BY METAGALLI POLICE STATION MYSURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO. 53/2026 THE CASE IS REGISTERED BY METAGALLI POLICE MYSURU , FOR THE OFFENCE PUNISHABLE UNDER SECTION 22(C), 29 OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985, PENDING ON THE FILE OF THE VII ADDL. DISTRICT AND SESSIONS JUDGE AT MYSUR. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010454532026 NC: 2026:KHC:40654 CRL.P No. 9729 of 2026 C/W CRL.P No. 9758 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 & 4 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 Nos.1 & 4 were arrested on 24.05.2026. Their bail application filed before the Trial Court in Crime No.53/2026 was rejected on 11.06.2026. 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 - 4 - HC-KAR CNR: KAHC010454532026 NC: 2026:KHC:40654 CRL.P No. 9729 of 2026 C/W CRL.P No. 9758 of 2026 persons. Accused No.1 & 4 named in the FIR were arrested on 24.05.2026. 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. 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 Hon'ble Supreme Court has held that conviction of an accused in a case where the seizure mahazar is found to be illegal, gets - 5 - HC-KAR CNR: KAHC010454532026 NC: 2026:KHC:40654 CRL.P No. 9729 of 2026 C/W CRL.P No. 9758 of 2026 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; d) The petitioners shall not involve in similar offences in future; - 6 - HC-KAR CNR: KAHC010454532026 NC: 2026:KHC:40654 CRL.P No. 9729 of 2026 C/W CRL.P No. 9758 of 2026 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 KK