- 1 - HC-KAR CNR: KAHC010504622026 NC: 2026:KHC:44198 CRL.P No. 10928 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10928 OF 2026 BETWEEN: MR. NILANJAN SARKAR S/O DEBRATH SARKAR AGED ABOUT 33 YEARS R/AT NO. 22/703, EAST END APARTMENTS, MAYUR VIHAR PHASE-1, EXTENSION, EAST DELHI NEW DELHI - 110 096. …PETITIONER (BY SRI RAMAKRISHNA VERNEKAR, ADV. FOR SRI ABDUR RAZAAQ A, ADV.) AND: STATE OF KARNATAKA BY YELHANKA P.S BENGALURU REP. BY THE SPP, HIGH COURT OF KARNATAKA, BENGALURU - 01. …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 / ACCUSED NO.1 ON REGULAR BAIL, DIRECTING RESPONDENT YELHANKA P.S. BENGALURU TO RELEASE THE PETITIONER / ACCUSED NO.1 ON REGULAR BAIL IN CR.NO.216/2026 OF YELHANKA P.S. PENDING ON THE FILE OF HONBLE XXXIV ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS) AT BENGALURU CCH-35 FOR THE ALLEGED OFFENCE P/U/S 8(c),22(c),20(b)(ii)(A) OF THE NDPS ACT 1985. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010504622026 NC: 2026:KHC:44198 CRL.P No. 10928 of 2026 ORAL ORDER 1. Accused no.1 in Crime No.216/2026 registered by Yelahanka Police Station, Bengaluru City, for the offences punishable under Sections 20(b)(ii)A, 8(c), 22(C) of the NDPS Act, 1985, 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.216/2026 was registered by Yelahanka Police Station, Bengaluru City, against the petitioner and another based on the first information dated 22.05.2026 received from Arun Jadav, Vigilance Manager, DTDC Express Ltd., Yelahanka, Bengaluru. In the said case, petitioner was arrested on 29.05.2026 and remanded to judicial custody. His bail application filed before the Court of XXXIV Addl. City Civil & Sessions Judged and Special Judge (NDPS), Bengaluru, in Crl. Misc. No.5298/2026 was rejected on 17.06.2026. Therefore, petitioner is before this Court. 4. Perusal of the typed first information dated 22.05.2026 would go to show that suspected parcel weighing 1 Kg. 50 - 3 - HC-KAR CNR: KAHC010504622026 NC: 2026:KHC:44198 CRL.P No. 10928 of 2026 grams was received in the courier office on 13.05.2026 and it was forwarded to the Airport for shipment. However, on 15.05.2026, the airport authorities after screening the parcel, had returned the same to the courier office. Thereafter, on 22.05.2026, the first informant and other staff of the courier office had opened the suspected parcel and found contraband article inside the same. Subsequently, they had re-packed the contents of the parcel and had brought the same to the police station and FIR was registered against the petitioner and another. 5. The allegation against the petitioner is that he had booked the suspected parcel which was supposed to be delivered to accused no.2 - Deepak Raj. It is not in dispute that petitioner has no other criminal antecedents. Accused no.2 is said to be a person with similar criminal antecedents. The suspected parcel was opened in the office of the courier company on 22.05.2026 and after finding the contraband articles inside the parcel, the staff of the courier office had admittedly re-packed the parcel and thereafter brought the same to the police station and based on the first information of - 4 - HC-KAR CNR: KAHC010504622026 NC: 2026:KHC:44198 CRL.P No. 10928 of 2026 the Vigilance Manager of the courier office, FIR has been registered against the petitioner and another. Considering the undisputed fact that the suspected parcel was already opened by the staff of the courier office prior to the registration of FIR in the present case, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.216/2026 registered by Yelahanka Police Station, Bengaluru City, for the offences punishable under Sections 20(b)(ii)A, 8(c), 22(C) of the NDPS Act, 1985, 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; - 5 - HC-KAR CNR: KAHC010504622026 NC: 2026:KHC:44198 CRL.P No. 10928 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. SD/- (S VISHWAJITH SHETTY) JUDGE KK