- 1 - HC-KAR CNR: KAHC010318272026 NC: 2026:KHC:40021 CRL.P No. 6800 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. 6800 OF 2026 (439(2)(CR.PC) / 483(3)(BNSS) ) BETWEEN: STATE OF KARNATAKA BY STATION HOUSE OFFICER BELTHANGADY POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU -560 001. …PETITIONER (BY SMT. RASHMI JADHAV, ADDL. SPP.) AND: MR. MAHAMMED NOUSHAD S/O K.H.ABDUL HAMEED AGED ABOUT 29 YEARS R/AT, NO.306, ALADIKOTTIGE HOUSE GURUVAYANAKERE, BELTHANGADY TALUK DAKSHINA KANNDA. …RESPONDENT (BY SRI. MOHAMMED MUSTHAFA., ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439(2) OF CRPC (FILED U/S.483(3) BNSS) PRAYING TO SET ASIDE THE ORDER DATED 04.02.2026 PASSED BY THE LEARNED PRINCIPAL AND SESSIONS JUDGE, D.K., MANGALURU IN Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010318272026 NC: 2026:KHC:40021 CRL.P No. 6800 of 2026 CRL.MISC.NO.23/2026 IN REJECTION OF THE APPLICATION FOR CANCELLATION OF BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER State is before this Court, in this petition, filed under Section 439(2) of Cr.PC r/w. Section 483(3) of BNSS, 2023, with a prayer to cancel the order dated 04.02.2026 passed by the Principal District and Sessions Judge, Dakshina Kannada, Mangaluru, in Crl. Misc.No. 23/2026, wherein the respondent has been granted anticipatory bail in Crime No.1/2026 registered by Belthangady Police Station, Dakshina Kannada, for offences punishable under Sections 8(c) and 22(c) of NDPS Act. 2. Heard learned Additional State Public Prosecutor on behalf of the State and learned counsel for the respondent, who has filed statement of objections. 3. The respondent herein had approached the Court of Principal District and Sessions Judge, Dakshina - 3 - HC-KAR CNR: KAHC010318272026 NC: 2026:KHC:40021 CRL.P No. 6800 of 2026 Kannada, Mangaluru in Crl.Misc.No.23/2026, apprehending arrest in Crime No.1/2026 registered by Belthangady Police Station, for the aforesaid offences. The Sessions Judge, vide order dated 04.02.2026 had allowed Crl. Misc. No.23/2026, subject to certain conditions. Assailing the said order, the State is before this Court. 4. Learned counsel for the petitioner submits that the respondent is involved in another case registered for offences punishable under the NDPS Act, after he was granted bail, by the impugned order and thereby he has violated the bail conditions. Accordingly, prays to allow the petition. 5. Per contra, learned counsel appearing for the respondent submits that undisputedly, there is no seizure of any contraband article from the possession of the respondent, in the present case. In the other case, allegedly registered as against the respondent, he is not even arrested till date. No application is filed by the State - 4 - HC-KAR CNR: KAHC010318272026 NC: 2026:KHC:40021 CRL.P No. 6800 of 2026 before the learned Sessions Judge to cancel the bail on the ground urged by the learned Additional State Public Prosecutor. Accordingly, prays to dismiss the petition. 6. Perusal of the material on record would go to show that contraband article, allegedly MDMA, weighing 55.48 grams has been seized in the present case only from the possession of accused No.1. Based on the confession statement of accused No. 1, respondent herein is arrayed as an accused No.2 in Crime No. 1/2026 on the allegation that he had supplied the said contraband article to the accused No.1. Considering the nature of allegations found as against the petitioner, learned Sessions Judge has granted anticipatory bail vide order impugned. 7. It is not in dispute that, the respondent has complied all the bail conditions imposed by the Learned Sessions Judge. Only allegation as against the respondent is that, he has subsequently involved himself in another case registered for the offences punishable under the - 5 - HC-KAR CNR: KAHC010318272026 NC: 2026:KHC:40021 CRL.P No. 6800 of 2026 NDPS Act and, thereby, he has violated condition No. 1 found in Crl. Misc. No. 23/2026. 8. Perusal of the memorandum of the petition would go to show that, no such contention has been urged on behalf of the State and for the first time, such a submission is made before the Court. It is not in dispute that till date, respondent has not been arrested in the said case. Investigation of the case in the present case is now completed and charge sheet has been already filed and the case against accused is now pending before the Court of Special Judge in S.C.No.59/2026. 9. Under the circumstances, I do not find any good grounds to entertain this petition. Accordingly, petition dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE CM LIST NO.: 1 SL NO.: 55