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2026 DAILYLAW 37778 (KAR)

IMANUAL MARVIN v. STATE OF KARNATAKA

CRL.P/11942/2026 · 2026-09-02

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010547342026 NC: 2026:KHC:47812 CRL.P No. 11942 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11942 OF 2026 BETWEEN: IMANUAL MARVIN S/O ANAND MARVIN AGED ABOUT 28 YEARS R/AT NO.27, KUMAYAMMA NILAYA 2ND FLOOR, MUNESHWARA TEMPLE STREET, KARIUANNAPALYA LINGARAJAPURA, BENGALURU 560 043 NATIVE NO.10TH CROSS AUSTIN TOWN, EGIPURA VIVEKNAGAR BENGALURU 560 047. …PETITIONER (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU BENCH BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER ON BAIL IN CR.NO.313/2026 REGISTERED BY THE RESPONDENT POLICE, FOR THE OFFENCES P/U/S 20(b)(ii)(A),8(C),22(c) OF NDPS ACT, 1985, PENDING BEFORE THE HONBLE 33rd ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) BENGALURU AND SET ASIDE THE ORDER DTD 24.07.2026 IN CRL.MISC.NO.6138/2026, PRODUCED AT ANNEXURE-J. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010547342026 NC: 2026:KHC:47812 CRL.P No. 11942 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 in Crime No.313/2026 registered by Hennur Police Station, Bengaluru, for the offences punishable under Section 318(2) of BNS, 2023 and Section 20(b)(ii)(A) of the NDPS Act, 1985, is 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.313/2026 was registered by Hennur Police Station, Bengaluru, for the aforesaid offences against the petitioner based on the first information dated 08.06.2026 received from Shivaraja Gundagi, police officer attached to Hennur Police Station, Bengaluru. During the course of investigation of the case, petitioner, who was arrested on 08.06.2026 was subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.6138/2026 was rejected on 24.07.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010547342026 NC: 2026:KHC:47812 CRL.P No. 11942 of 2026 4. Perusal of the recovery panchanama in the present case would go to show that seized contraband article from the possession of the petitioner is said to be ganja weighing 639 grams and MDMA weighing 80 grams. In compliance with requirements of Section 52A of the NDPS Act, the sample of the seized contraband articles was forwarded to Forensic Science Laboratory for chemical examination and the report now received from the Forensic Science Laboratory would go to show that the sample of the contraband article allegedly ganja has tested positive for cannabis and the sample of the contraband article allegedly MDMA has tested negative for MDMA and positive for Aminopyridine, which is said to be an industrial chemical. Learned Addl. State Public Prosecutor, on instructions, submits that Aminopyridine is not a scheduled drug under the NDPS Act.Therefore, the only contraband article seized from the possession of the petitioner is ganja, which is of small quantity in the present case. Under the circumstances, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.313/2026 registered by Hennur - 4 - HC-KAR CNR: KAHC010547342026 NC: 2026:KHC:47812 CRL.P No. 11942 of 2026 Police Station, Bengaluru, for the offences punishable under Section 318(2) of BNS, 2023 and Section 20(b)(ii)(A) of the NDPS Act, 1985, 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; 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; Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 66