- 1 - HC-KAR CNR: KAHC010455482026 NC: 2026:KHC:46454 CRL.P No. 9727 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9727 OF 2026 BETWEEN: VIDANAGAMAGE IRESH HANSAKA JAYAWARDHANE S/O KUSUMA RATNA JAYAWARDHANE AGE ABOUT 31 YEARS RESIDENT OF NO. B-503, 5TH FLOOR OZONE URBEN PEVILION APARTMENT KANNAMANGALA DEVANAHALLI BENGALURU - 562 110. …PETITIONER (BY SRI MANJULA MUNAVALLI, ADV.) AND: STATE BY CCB (ANW) POLICE STATION BENGALURU CITY REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN SPL.C NO.801/2026 (CRIME NO.79/2025) REGISTERED BY THE CCB (ANW) BENGALURU POLICE FOR THE OFFENCES P/U/S 249,340(2) OF BNS 2023 R/W 8(c),22(c),23(c) OF NDPS ACT AND SEC.21 OF THE IMMIGRATION AND FOREIGNERS ACT 2025. IN SO FOR PETITIONER/ACCUED NO.1 FOR THE OFFENCE P/U/S 340(2) OF BNS ACT 2023 R/W SEC.21 OF IMMIGRATION AND FOREIGNERS ACT 2025, PENDING ON THE FILE OF THE HONBLE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-33). Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010455482026 NC: 2026:KHC:46454 CRL.P No. 9727 of 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 1. Accused no.1 in SPl.C.No.801 of 2026 pending before the Court of XXXIII Addl. City Civil & Sessions Judge and Special Judge (NDPS) at Bengaluru arising out of Crime No.79 of 2025 registered by CCB Bengaluru City Police Station, Bengaluru City for the offences punishable under Sections 8(c), 22(c), 23(c) of NDPS Act, 1985 and Section 21 of Immigration and Foreigners Act, 2025 is before this Court in this petition filed under Section 483 of BNS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.79 of 2025 was registered by CCB Bengaluru City Police Station, Bengaluru initially for the offence punishable under Section 21 of the Immigration and Foreigners Act, 2025 against three unknown Sri Lankan citizens and during the course of investigation, petitioner herein was arrested on 25.09.2025 and remanded to judicial custody. After completing investigation, charge sheet is now filed against five persons and - 3 - HC-KAR CNR: KAHC010455482026 NC: 2026:KHC:46454 CRL.P No. 9727 of 2026 accused no.4 is shown as absconding accused in respect of whom liberty is reserved to file additional charge sheet. The bail application filed by the petitioner before the Trial Court in Crl.Misc.No.4309 of 2026 was rejected on 11.06.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that there is no seizure of any contraband article from the possession of the accused. Only based on the confession statement of the co-accused, he has been arraigned as accused in the present case. The offence invoked under the provisions of Immigration and Foreigners Act, 2025 is bailable. Investigation of the case is already completed. Accordingly, she prays to allow the petition. 5. Per contra, learned Addl. State Public Prosecutor, who has opposed the petition submits that, commercial quantity of contraband article has been seized from accused nos.1 and 2. Petitioner is a foreign national and in the event, he is released on bail, it would be difficult to secure his presence. She also submits that the petitioner is a person with similar - 4 - HC-KAR CNR: KAHC010455482026 NC: 2026:KHC:46454 CRL.P No. 9727 of 2026 criminal antecedents in his country. Accordingly, she prays to dismiss the petition. 6. It is the case of the prosecution that on 25.09.2025, based on credible information received that three Sri Lankan citizens were indulging in drug trafficking, FIR was registered against unknown persons and in the raid that was conducted subsequently, accused nos.1 to 3 were apprehended in their house and contraband article allegedly 'MDMA' weighing 100.55 grams was recovered and seized under a panchanama in the said house. 7. Charge sheet material would go to show that, accused no.1 was very much present in the house along with the other accused persons when the raid was conducted and contraband article was seized from the said house. Petitioner has not been arrested in the present case solely based on the confession statement of the co-accused. On the other hand, petitioner who was found in the house along with the other accused persons was arrested after contraband article was - 5 - HC-KAR CNR: KAHC010455482026 NC: 2026:KHC:46454 CRL.P No. 9727 of 2026 recovered and seized from the said house under a panchanama. 8. The seized contraband article has now tested positive to a drug known as 'Methamphetamine'. Methamphetamine weighing above 50 grams is considered as commercial quantity as per notification issued under the provisions of the NDPS Act. Accused nos.1 to 3, who are Sri Lankan citizens after arriving at Bengaluru were in contact with the other two accused persons, who are persons with similar criminal antecedents in India. 9. The charge sheet material would also go to show that, accused nos.1 to 3 are persons with criminal antecedents in their country and they had travelled to Rameshwaram in Tamil Nadu State illegally from their country in a boat. They do not have valid travel documents to enter India. 10. Considering the aforesaid aspects of the matter and also since the contraband article is of commercial quantity, in view of twin conditions found in Section 37(1)(b) of the NDPS - 6 - HC-KAR CNR: KAHC010455482026 NC: 2026:KHC:46454 CRL.P No. 9727 of 2026 Act, I am of the opinion that the petitioner's prayer for grant of regular bail cannot be entertained. 11. Accordingly, criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 16