- 1 - HC-KAR CNR: KAHC010504932026 NC: 2026:KHC:46719 CRL.P No. 10994 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10994 OF 2026 BETWEEN: SRI.ADIL, S/O SHABBIR @ GANJA SHABBIR, AGED ABOUT 19 YEARS, PRESENTLY R/AT SHRINAGARA, BEHIND DISTRICT PRISON, HASSAN – 573 201. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM., ADVOCATE) AND: STATE OF KARNATAKA, BY CEN CRIME P.S CHIKKAMAGALUR, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001. …RESPONDENT (BY SMT.RASHMI JADHAV, ASPP) THIS CRL.P. IS FILED U/S.439(FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.NO.85/2023 OF THE RESPONDENT NO.CEN CRIME POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/US/ 8(c), 22(c), 25, 29 OF NDPS ACT PENDING ON Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010504932026 NC: 2026:KHC:46719 CRL.P No. 10994 of 2026 THE FILE OF THE HONBLE PRL. DISTRICT AND SESSIONS JUDGE COURT AT CHIKKAMAGALURU. 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.2 in Special Case No.85/2023 pending before the Court of Principal District & Sessions and Special Judge, Chikkamagaluru, arising out of Crime No.29/2023 registered by Chikkamagalur CEN Crime Police Station for the offences under Sections 8(c), 22(c), 25 and 29 of the NDPS Act, is before this Court in this petition filed under Section 483 of BNSS Act, 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. F.I.R in Crime No.29/2023 was registered by Chikkamagaluru CEN Crime police station for the aforesaid offences against one Sri.Mohammed Zarthab and the petitioner herein, based on the first information dated 28.01.2023 received from one Gaviraj R.P, Police Officer - 3 - HC-KAR CNR: KAHC010504932026 NC: 2026:KHC:46719 CRL.P No. 10994 of 2026 attached to Chikkamagaluru CEN Crime Police Station. In the said case, the petitioner was arrested on 05.05.2025 and remanded to judicial custody. His bail application filed before the Trial Court in Special Case No.85/2023 was rejected on 16.04.2026. Therefore, he is before this Court. 4. The material on record would go to show that based on the credible information received, the first informant and his staff had conducted a raid on the alleged spot within the jurisdiction of Chikkamagaluru CEN Crime police Station, where two persons were making attempts to sell the contraband articles to the public. 5. During the course of raid, accused No.1 was apprehended and accused No.2 who was present along with him allegedly managed to escape. From the possession of accused No.1, contraband article totally weighing 12 gram was recovered and seized under a Panchanama. After completing the investigation, charge sheet is filed in the present case against three persons for - 4 - HC-KAR CNR: KAHC010504932026 NC: 2026:KHC:46719 CRL.P No. 10994 of 2026 the aforesaid offences. Accused No.3 is said to be the owner of the car from which the contraband article was seized at the instance of the accused No.1. 6. F.S.L report of the seized contraband article would go to show that sample of the contraband article has tested positive to a drug known as 'Methamphetamine' and negative to the drug known as 'MDMA'. Therefore, seized contraband article in the present case is of intermediate quantity. 7. Considering the aforesaid aspects of the matter, accused No.1 who was arrested at the spot and at whose instance, contraband article was seized in the present case was granted regular bail by this Court in Criminal Petition No.5874/2023 dated 21.09.2023. The petitioner is arrested on 05.05.2025 after the charge sheet was filed in the present case. Admittedly, there is no seizure of any contraband article from his possession. As stated earlier, the seized contraband article which was recovered from - 5 - HC-KAR CNR: KAHC010504932026 NC: 2026:KHC:46719 CRL.P No. 10994 of 2026 accused No.1 is of intermediate quantity. Therefore, the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable to the present case. 8. It is brought to the notice of this Court by learned Additional State Public Prosecutor that, the petitioner is a person with criminal antecedents who is involved in many cases registered for the offences punishable under the NDPS Act. From the material made available to the Court by the learned Additional Special Public Prosecutor, it is seen that, prior to registration of the present case against the petitioner, the last criminal case registered against him was in the year 2015. 9. It is brought to the notice of this Court by the learned counsel for the petitioner that in all the other cases, he has been granted bail. After registration of the present case in the year 2023 also, no other criminal case is registered against the petitioner. - 6 - HC-KAR CNR: KAHC010504932026 NC: 2026:KHC:46719 CRL.P No. 10994 of 2026 10. The Hon'ble Supreme Court in the case of Prabhakar Tewari Vs. State of Uttar Pradesh and another reported in (2020) 11 SCC 648 has observed that the criminal antecedents of the accused cannot be a sole reason to deny him bail if he is otherwise found entitled for the relief sought for by him. 11. Under the circumstances, the following; ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.85/2023 pending before the Principal Sessions and Special Judge Chikkamagaluru arising out of Crime No.29/2023 registered by Chikkamagalur CEN Crime Police Station for the offences under Sections 8(c), 22(c), 25 and 29 of the NDPS Act, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR CNR: KAHC010504932026 NC: 2026:KHC:46719 CRL.P No. 10994 of 2026 b) The petitioner 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 petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off; f) The petitioner shall appear before the Station House Officer of Chikkamagalur CEN Crime Police Station on every first and third Sunday between 10.00 a.m. and 12.00 noon and mark his attendance regularly for a period of one year from date of his release from the custody. Sd/- (S VISHWAJITH SHETTY) JUDGE GH List No.: 1 Sl No.: 61