- 1 - HC-KAR CNR: KAHC010502192026 NC: 2026:KHC:45351 CRL.P No. 10919 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. 10919 OF 2026 BETWEEN: 1. MAHENDRA @ MOTTE KANNA S/O KESHAVAMURTHY AGED ABOUT 26 YEARS, R/O NO 10, 1ST CROSS, 1ST MAIN ROAD, ULLALA MAIN ROAD JNANABHARATHI BENGALURU DIST - 560 072 2. MANOHARA N S/O NARASIMHAMURTHY AGED ABOUT 25 YEARS R/O NO 327, 7TH CROSS, 3RD MAIN ROAD MARUTHINAGAR BAPUJINAGAR, BENGALURU - 560 026 3. NAGESH S/O ANJANAPPA AGED ABOUT 30 YEARS R/O NO 3, 8TH CROSS, PIPELINE ROAD MAGADI ROAD GOLLARAHALLI BENGALURU - 560 026 …PETITIONERS (BY SRI. SYED AKBAR PASHA, ADVOCATE) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010502192026 NC: 2026:KHC:45351 CRL.P No. 10919 of 2026 AND: STATE OF KARNATAKA BY VIJAYANAGARA POLICE STATION BENGALURU R/P BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT REGULAR BAIL IN SPL.C.NO.1231/2026 IN CRIME NO.203/2025 REGISTERED BY THE VIJAYANAGARA POLICE STATION FOR THE OFFENCE P/US/ 22(c) OF NDPS ACT 1985 WHICH IS PENDING ON THE FILE OF THE LEARNED XXXIII ADDL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, (NDPS) BENGALURU IN CRL.MISC.NO.6231/2026. 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 to 3 in Special Case No.1231 of 2026 pending before Court of XXXIII Additional City Civil and - 3 - HC-KAR CNR: KAHC010502192026 NC: 2026:KHC:45351 CRL.P No. 10919 of 2026 Sessions Judge and Special Judge (NDPS), Bengaluru arising out of Crime No.203 of 2025 registered by Vijayanagar Police Station, Bengaluru City for the offence punishable under Section 22(C) of NDPS Act, 1985, are before 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.203 of 2025 was registered by Vijayanagar Police Station, Bengaluru City for the aforesaid offence against three unknown persons, based on the first information dated 28.12.2025 received from Maregowda H.C., Police Head Constable attached to Vijayanagar Police Station. During the course of investigation of the said case, the petitioners were arrested on 28.12.2025 and remanded to judicial custody. From their possession contraband articles allegedly methamphetamine totally weighing 51.04 grams, which was found in a plastic cover was recovered and seized - 4 - HC-KAR CNR: KAHC010502192026 NC: 2026:KHC:45351 CRL.P No. 10919 of 2026 under a panchanama. After completing investigation, charge sheet is filed against them for the aforesaid offences. Their bail application filed before the Trial Court in Crl.Misc.No.6231 of 2026 was rejected on 10.07.2026. Therefore, they are before this Court. 4. Learned counsel for the petitioner submits that the seized contraband article, which was found in a plastic cover is weighed along with the plastic cover and therefore the exact weight of the contraband article is not available. He submits that the contraband article methamphetamine weighing 50 grams is considered as an intermediate quantity. Petitioners do not have any similar criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by the learned counsel for the petitioners. - 5 - HC-KAR CNR: KAHC010502192026 NC: 2026:KHC:45351 CRL.P No. 10919 of 2026 6. FIR in the present case was registered against unknown persons, based on the first information submitted by Maregowda H.C., Police Head Constable attached to Vijayanagar Police Station on 28.12.2025. In the first information, it is stated that on 28.12.2025 at about 05.10 p.m., he had received credible information that about three persons were making attempts to sell contraband article to the public and therefore, he had approached the police station and based on his first information, FIR was registered against three unknown persons. During the raid that was conducted subsequently, the petitioners herein were apprehended and from their possession contraband article allegedly methamphetamine totally weighing 51.04 grams was recovered and seized under a panchanama. 7. Material on record would go to show that the contraband article was found in a plastic cover. Neither at the time of preparing the recovery mahazar nor at the time of complying the requirements of Section 52-A of Act, - 6 - HC-KAR CNR: KAHC010502192026 NC: 2026:KHC:45351 CRL.P No. 10919 of 2026 the seized contraband article was weighed separately without the plastic cover. At all stages of the case, the seized contraband article has been weighed with the plastic cover. 8. It is not in dispute that methamphetamine weighing 50 grams is considered to be intermediate quantity. In the present case, the seized contraband article methamphetamine is said to have weighed 51.04 grams along with plastic cover. Since the contraband article is not weighed separately without the plastic cover, the exact weight of the contraband article is not available in the present case. 9. A perusal of the certificate issued by the learned Magistrate in exercise of the powers under Section 52-A of the Act, 1985 would go to show that there was absolutely no application of mind by the learned Magistrate. In the said certificate, at one stage, it is mentioned that the seized contraband article - 7 - HC-KAR CNR: KAHC010502192026 NC: 2026:KHC:45351 CRL.P No. 10919 of 2026 methamphetamine weighed 51.04 grams and on the other stage, it is mentioned that the seized contraband article ganja total weighing 74.8 kg. Section 52-A of Act has been introduced only for the purpose of avoiding foul play by the police. Therefore, due application of mind by learned Magistrate becomes very much necessary at the raid stage, failing which serious prejudice would be caused to the accused. 10. Considering the fact that petitioners do not have similar criminal antecedents and material on record is not sufficient to arrive at a conclusion that the seized contraband article is of commercial quantity, rigour under Section 37(1)(b) of the Act cannot be made strictly applicable as against the petitioners. The investigation of the case is now completed and charge has been filed. 11. Petitioners are in custody for the last more than 7 months. The trial in the case is yet to commence. Accordingly, the following: - 8 - HC-KAR CNR: KAHC010502192026 NC: 2026:KHC:45351 CRL.P No. 10919 of 2026 O R D E R The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in Special Case No.1231 of 2026 pending before Court of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru arising out of Crime No.203 of 2025 registered by Vijayanagar Police Station, Bengaluru City for the offence punishable under Section 22(C) of NDPS Act, 1985, 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; - 9 - HC-KAR CNR: KAHC010502192026 NC: 2026:KHC:45351 CRL.P No. 10919 of 2026 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 AMM List No.: 1 Sl No.: 75