- 1 - HC-KAR CNR: KAHC010465012026 NC: 2026:KHC:41696 CRL.P No. 9976 of 2026 C/W CRL.P No. 11801 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9976 OF 2026 C/W CRIMINAL PETITION NO. 11801 OF 2026 IN CRL.P No. 9976/2026: BETWEEN: MUHAMMED AJMAL S/O ASHRAF AGED ABOUT 30 YEARS R/AT CHENNILOTTU, VELOM PERRUVAYAL, VELOMKOZHIKODE KERALA - 671 543 (PETITIONER IN J.C) …PETITIONER (BY SRI AKASH RAJU, ADV.) AND: STATE OF KARNATAKA BY PUTTUR RURAL POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALORE. …RESPONDENT (BY SRI RANGASWAMY R, HCPG) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.25/2026 DTD 18.02.2026 REGISTERED BY THE RESPONDENT IN PUTTUR RURAL P.S., FOR THE OFFENCES P/U/S 8(c),22(c),29 OF NDPS ACT, 1985, U/S 25(1B)(b) OF ARMS ACT, PENDING BEFORE THE V ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010465012026 NC: 2026:KHC:41696 CRL.P No. 9976 of 2026 C/W CRL.P No. 11801 of 2026 IN CRL.P NO. 11801/2026: BETWEEN: ISMAYIL M C/O IBRAHIM M AGED ABOUT 29 YEARS R/AT MUNDIKKUNNIL HOUSE VELLAMUNDA VILLAGE KATTAYAD POST, MANANTHAVADY SUB-DISTRICT, WAYANAD DISTRICT KERALA STATE - 670 731. ...PETITIONER (BY SRI MAHAMMED MUSTHAFA, ADV.) AND: THE STATE OF KARNATAKA BY PUTTUR RURAL P.S REP. BY SPP, HIGH COURT BUILDING BANGALORE - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCP) THIS CRL.P IS FILED U/S 439 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 P.S. PENDING ON THE FILE OF THE V ADDL.DIST. AND SESSIONS JUDGE D.K MANGALURU SITTING AT PUTTUR, D.K FOR THE OFFENCE P/U/S 8(c),22(c),29 OF THE NDPS ACT 1985 AND SEC.25(1B)(b) OF THE ARMS ACT WHEREIN THIS PETITIONER IS ARRAYED AS ACCUSED NO.2. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.25/2026 registered by Puttur Rural Police Station, Dakshina Kannada, - 3 - HC-KAR CNR: KAHC010465012026 NC: 2026:KHC:41696 CRL.P No. 9976 of 2026 C/W CRL.P No. 11801 of 2026 for the offences punishable under Sections 8(c), 22(C) and 29 of NDPS Act, 1985 and Section 25 (1B) (b) of Arms Act, 1959, 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.25/2026 was 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 from Gunapala J., Police Officer attached to Puttur Rural Police Station. In the said case, accused Nos.1 and 2 were arrested along with accused No.3 on 18.02.2026 and subsequently, produced before the jurisdictional Sessions Court. Their bail application filed before the Trial Court was rejected and therefore, they are before this Court in these two petitions. 4. Accused No.3 as against whom similar allegations are found and who was arrested along with accused Nos.1 and 2 had approached this Court seeking regular bail in Crl.P.No.7833/2026. The said petition was allowed by this Court - 4 - HC-KAR CNR: KAHC010465012026 NC: 2026:KHC:41696 CRL.P No. 9976 of 2026 C/W CRL.P No. 11801 of 2026 on 28.07.2026. In paragraph Nos.6 to 9 of the said order, it is observed as follows:- "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. 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 - 5 - HC-KAR CNR: KAHC010465012026 NC: 2026:KHC:41696 CRL.P No. 9976 of 2026 C/W CRL.P No. 11801 of 2026 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 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 - 6 - HC-KAR CNR: KAHC010465012026 NC: 2026:KHC:41696 CRL.P No. 9976 of 2026 C/W CRL.P No. 11801 of 2026 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 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." 5. The reasoning assigned by this Court in Crl.P.No.7833/2026, while granting regular bail to accused No.3 would be squarely applicable to accused Nos.1 and 2 also. Under the circumstances, the following order:- 6. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.25/2026 registered by Puttur Rural Police Station, Dakshina Kannada for the offences punishable under Sections 8(c), 22(C) and 29 of NDPS Act, - 7 - HC-KAR CNR: KAHC010465012026 NC: 2026:KHC:41696 CRL.P No. 9976 of 2026 C/W CRL.P No. 11801 of 2026 1985 and Section 25 (1B) (b) of Arms Act, 1959, subject to the following conditions: a) The petitioners shall execute 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; 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 DN/List No.: 1 Sl No.: 73