- 1 - HC-KAR CNR: KAHC010441772026 NC: 2026:KHC:45759 CRL.P No. 9425 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.9425/2026 (439(Cr.PC)/ 483(BNSS)) BETWEEN: 1. CHINTU SWAIN @ CHINTU S/O. KRISHNA SWAIN, AGED ABOUT 24 YEARS, R/AT 2ND CROSS, GURUMURTHY LAYOUT, HONGASANDRA, BENGALURU, PERMANENT RESIDENT OF DEOGAM VILLAGE, GANJAM DISTRICT, ABISURYA NAGAR POST, BUDHAMBA SUB DISTRICT, ODISSA STATE -761104. 2. DEEPAK KUMAR SINGH S/O. SHANKAR SINGH, AGED ABOUT 27 YEARS, R/AT 2ND CROSS, GURUMURTHY LAYOUT, HONGASANDRA, BENGALURU, PERMANENT RESIDENT OF AENLAPALLI, SARKANDA VILLAGE AND POST, SOHEL SUB DISTRICT, BARGARTH DISTRICT, ODISSA STATE -768033. …PETITIONERS (BY SRI.NATARAJU T, ADVOCATE) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010441772026 NC: 2026:KHC:45759 CRL.P No. 9425 of 2026 AND: THE STATE OF KARNATAKA BY BOMMANAHALLI POLICE STATION, BENGALURU. NOW REPRESENTED BY S.P.P., HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THEM ON REGULAR BAIL IN CRIME NO.138/2026 FOR OFFENCE P/U/S 20(b) AND 22(c) OF NDPS ACT, REGISTERED BY THE BOMMANAHALLI POLICE, BENGALURU, WHICH IS PENDING ON THE FILE OF XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS), BENGALURU. 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.1 and 2 in Crime No.138/2026 registered by Bommanahalli Police Station, Bengaluru for the offences punishable under Sections 20(b) and 22(C) of the NDPS Act, 1985, pending on the file of XXXIII Additional City Civil and Sessions Judge and Spl.Judge (NDPS), Bengaluru, are before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. - 3 - HC-KAR CNR: KAHC010441772026 NC: 2026:KHC:45759 CRL.P No. 9425 of 2026 2. Heard the learned counsel for the petitioners and the learned HCGP for the respondent - State. 3. FIR in Crime No.138/2026 was registered by Bommanahalli Police Station, Benglauru for the aforesaid offences against two unknown persons based on the first information dated 07.04.2026. During the course of investigation of the said case, petitioners herein were apprehended on 07.04.2026 and from their possession contraband article ganja weighing 891 gms and contraband article MDMA weighing 13 gms were recovered and seized. Subsequently, accused Nos.1 and 2 were remanded to Judicial custody. Their bail application before the Trial Court in Crl.Misc.No.5157/2026, was rejected on 23.06.2026. Therefore, they are before this Court in this petition. 4. FIR in the present case was registered against two persons based on credible information received by the first informant on 07.04.2026 to the effect that two persons were making attempt to sell contraband articles to the public within the limits of Bommanahalli Police Station. In the raid that was conducted subsequently to the alleged spot where accused - 4 - HC-KAR CNR: KAHC010441772026 NC: 2026:KHC:45759 CRL.P No. 9425 of 2026 persons were making attempts to sell the contraband articles, the petitioners were apprehended and from their possession, contraband articles as aforesaid were seized. Ganja weighing 891 gms is considered as small quantity. The seized contraband article allegedly 'MDMA' weighing 13 grams has now tested positive to a drug known as 'Methamphetamine' and therefore, even the said contraband article is to be considered as intermediate quantity as per relevant notification issued under NDPS Act. 5. The petitioners do not have any criminal antecedents. Since the contraband article is of intermediate quantity, the rigour under Section 37(1)(b) of the NDPS Act cannot be made applicable as against the petitioners herein. Major portion of the investigation is already completed. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- 6. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.138/2026 registered by Bommanahalli Police Station, Bengaluru, for the offences - 5 - HC-KAR CNR: KAHC010441772026 NC: 2026:KHC:45759 CRL.P No. 9425 of 2026 punishable under Sections 20(b) and 22(C) of NDPS Act, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties each 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 his 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 MDS List No.: 1 Sl No.: 55