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2026 DAILYLAW 36332 (KAR)

P A MOHAMMED SAMMAS v. STATE OF KARNATAKA BY

CRL.P/12416/2026 · 2026-08-20

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010567662026 NC: 2026:KHC:45151 CRL.P No. 12416 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12416 OF 2026 BETWEEN: 1. P.A MOHAMMED SAMMAS S/O ABDUL JABBAR M.D AGED ABOUT 24 YEARS RA/T S M MANJIL 4TH CROSS ROAD, HARIJIRDDU KUKKANDURU POST AND VILLAGE KARKALA TALUK UDUPI DISTRICT - 576 117. 2. AKASH SHETTY S/O LATE RAGHU SHETTY AGED ABOUT 20 YEARS R/AT HIRNOTTU HOUSE KUNTIBAILU MIYARU VILALGE AND PSOT KARKALA TALUK UDUPI DISTRICT - 574 107. …PETITIONERS (BY SRI NISHIT KUMAR SHETTY, ADV.) AND: STATE OF KARNATAKA BY STATION HOUSE OFFICER UDUPI TOWN POLICE STATION UDUPI, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 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 PETITIONERS ON BAIL IN CR.NO.95/2026 OF UDUPI TOWN P.S. FOR THE OFFENCE P/U/S Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010567662026 NC: 2026:KHC:45151 CRL.P No. 12416 of 2026 8(c),20(c),22(a) OF NDPS ACT 1995 PENDING ON THE FILE OF PRL.DIST. AND SESSIONS JUDGE, UDUPI. THIS PETITION, 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.2 & 3 in Crime No.95/2026 registered by Udupi Town Police Station, Udupi, for the offences punishable under Sections 8(c), 20(C), 22(a) of NDPS Act, are 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.95/2026 was registered by Udupi Town Police Station, for the aforesaid offences against one Vijay Poojary and the petitioners herein based on the first information dated 17.07.2026 received from Ramachandra Nayak, Police Officer attached to Udupi Town Police Station. During the course of investigation of the said case, petitioners who are arrayed as accused nos.2 & 3 in the FIR were arrested on 17.07.2026 and remanded to judicial custody. Their bail application filed before the Trial Court in Crime No.95/2026 was - 3 - HC-KAR CNR: KAHC010567662026 NC: 2026:KHC:45151 CRL.P No. 12416 of 2026 rejected on 07.08.2026. Therefore, petitioners are before this Court. 4. Perusal of the first information would go to show that based on the credible information received, accused nos.1 to 3 were apprehended and from their possession, contraband article was seized along with some other articles. The recovery mahazar under which the contraband article was seized would go to show that from the possession of accused no.1, intermediate quantity of contraband article has been recovered. From the possession of accused nos.2, three power bhang chocolates which is allegedly contraband article has been seized in addition to his mobile phone, cigarette lighters, etc. 5. So far as accused no.3 is concerned, there is no seizure of any contraband article from his possession. Neither in the FIR nor in the recovery mahazar, the weight of power bhang chocolates nor the contents of power bhang chocolates is mentioned. 6. It is not in dispute that petitioners herein do not have any criminal antecedents. They are in custody in the present case - 4 - HC-KAR CNR: KAHC010567662026 NC: 2026:KHC:45151 CRL.P No. 12416 of 2026 from 17.07.2026. Petitioner no.2 is a student pursuing his third semester B-Pharma course in Manipal. Considering the aforesaid aspects of the matter, I am of the opinion that petitioners' prayer for grant of regular bail is required to be considered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.95/2026 registered by Udupi Town Police Station, Udupi, for the offences punishable under Sections 8(c), 20(C), 22(a) of NDPS Act, subject to the following conditions: a) 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; - 5 - HC-KAR CNR: KAHC010567662026 NC: 2026:KHC:45151 CRL.P No. 12416 of 2026 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 him is disposed off. 8. IA-1/2026 does not survive for consideration and the same is accordingly disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KK