- 1 - HC-KAR CNR: KAHC010424732026 NC: 2026:KHC:45305 CRL.P No. 9063 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9063 OF 2026 BETWEEN: 1. PRAMOD R S/O. RAVI KUMAR AGED ABOUT 27 YEARS R/AT NO.681, 1ST MAIN, VIJAYANANDANAGARA, NANDINI LAYOUT BENGALURU - 560 096 2. VIKAS M. S/O. MURTHY R. AGED ABOUT 23 YEARS R/AT NO.223, 2ND CROSS, 2ND MAIN, VIJAYANANDANAGARA, NANDINI LAYOUT BENGALURU - 560 096. …PETITIONERS (BY SRI. VEERESHA E., ADVOCATE) AND: THE STATE BY METAGALLI POLICE STATION MYSURU CITY, MYSURU - 570 016 REPRESENTED BY GOVT PLEADER HIGH COURT BUILDING BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010424732026 NC: 2026:KHC:45305 CRL.P No. 9063 of 2026 THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THEM ON BAIL IN CRIME NO.12/2026 SPL.C NO.138/2026 OF METAGALLI POLICE STATION MYSURU CITY FOR ALLEGING OFFENCES P/U/S 20(b)(ii), (B), 22(c) OF NDPS ACT WHICH ON THE FILE OF THE VII ADDL.DISTRICT AND SESSIONS JUDGE, MYSURU BY ALLOWING THIS APPLICATION. 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 Nos.1 and 2 in Spl.C.No.138/2026 pending before the Court of VII Additional District and Sessions Judge, Mysuru arising out of Crime No.12/2026 registered by Metagalli Police Station, Mysuru City, for the offences punishable under Sections 20(b)(ii)(B) and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'), are before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail. - 3 - HC-KAR CNR: KAHC010424732026 NC: 2026:KHC:45305 CRL.P No. 9063 of 2026 2. Heard the learned counsel for the petitioners and learned Addl. SPP for the respondent -State. 3. FIR in Crime No.12/2026 was registered by Metagalli Police Station, Mysuru City for the aforesaid offences initially against one Pramod R and Vikas M, based on the first information dated 17.02.2026 received from Shabbir Hussain., Inspector of Police, CCB, Mysuru City. In the said case, the petitioners herein, who are arrayed as accused Nos.1 and 2 in the FIR were arrested on 17.02.2026 and subsequently, remanded to judicial custody. After completing investigation, charge sheet was filed against 4 persons and the petitioners are arrayed as accused Nos.1 and 2 in the charge sheet. Their bail application filed before the Sessions Court in Spl.C.No.138/2026 was rejected on 09.06.2026. Therefore, they are before this Court. 4. Perusal of the FIR in the present case would go to show that based on credible information received, the - 4 - HC-KAR CNR: KAHC010424732026 NC: 2026:KHC:45305 CRL.P No. 9063 of 2026 Hundai I-20 car bearing registration No.DL-7/CP-8989 in which the petitioners were traveling was intercepted by the first informant along with his staff and from the possession of accused Nos.1 and 2 contraband article allegedly MDMA totally weighing 51 grams was recovered and seized under a mahazar. Subsequently, petitioners were arrested and remanded to judicial custody. After completing investigation, charge sheet was filed against four persons. 5. In the FIR, it is stated that on 17.02.2026 at about 07.00 a.m., the Assistant Commissioner of Police (ACP) attached to CCB unit, Mysuru had informed the first informant and his staff about the credible information received by him that two persons traveling in an I-20 car were in possession of contraband articles. Pursuant to such an information on instructions of the ACP, CCB unit, Mysuru a raid was conducted and the car bearing registration No.DL-7/CP-8989 was intercepted and from the possession of accused Nos.1 and 2, who were in the - 5 - HC-KAR CNR: KAHC010424732026 NC: 2026:KHC:45305 CRL.P No. 9063 of 2026 car, contraband article allegedly MDMA totally weighing 51 grams was recovered. 6. Material on record would go to show that seizure of contraband article in the present case was from the person of accused Nos.1 and 2. From the possession of accused No.1 contraband article seized weighed 30.56 grams and from the possession of accused No.2 contraband article seized weighed 21.27 grams. After removing the plastic cover, the contraband article totally weighed 51 grams. The ACP, CCB, Mysuru Unit is the Gazetted Officer in the present case, who had conducted the search of accused Nos.1 and 2 and had recovered the contraband article. Since the raid itself was conducted at the instance of the very same Officer, he cannot be considered as an independent Officer for the purpose of Section 50 of the NDPS Act. 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 reported in (2014) 5 SCC 345. - 6 - HC-KAR CNR: KAHC010424732026 NC: 2026:KHC:45305 CRL.P No. 9063 of 2026 7. It is brought to the notice of this Court that accused No.1 is a person with criminal antecedents. It is not in dispute that accused No.2 has no criminal antecedents. The investigation of the case is now completed and charge sheet is filed. Since, there is non- compliance of Section 50 of the NDPS Act in the present case, the rigour under Section 37(1)(b) of the NDPS Act cannot be strictly made applicable as against the petitioners herein. 8. Considering the aforesaid aspects of the matter, 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 i) The Criminal Petition is allowed. ii) The petitioners are directed to be enlarged on bail in Spl.C.No.138/2026 pending before the Court of - 7 - HC-KAR CNR: KAHC010424732026 NC: 2026:KHC:45305 CRL.P No. 9063 of 2026 VII Additional District and Sessions Judge, Mysuru arising out of Crime No.12/2026 registered by Metagalli Police Station, Mysuru City, for the offences punishable under Sections 20(b)(ii)(B) and 22(C) of the NDPS Act, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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; and 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 - 8 - HC-KAR CNR: KAHC010424732026 NC: 2026:KHC:45305 CRL.P No. 9063 of 2026 said Court until the case registered against them is disposed off. f) Accused No.1 shall appear before the Metagalli Police Station, Mysuru on every Second and Fourth Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark his attendance regularly for a period of 1 year from the date when the accused is released from the custody. Sd/- (S VISHWAJITH SHETTY) JUDGE CH List No.: 1 Sl No.: 55