- 1 - HC-KAR CNR: KAHC010550762026 NC: 2026:KHC:47906 CRL.P No. 12008 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. 12008 OF 2026 BETWEEN: SRI YASIR KHAN S/O. LATE SHAMEER KHAN AGED ABOUT 30 YEARS RESIDENT OF NO.64, NARIHALLI KOPPALU ROAD, DEVEGOEDA NAGAR THATTE KERE POST, KASABA HOBLI HASSAN TALUK - 573 201 HASSAN DISTRICT. …PETITIONER (BY SRI CHETHAN B, ADV.) AND: THE STATE BY HASSAN EXTENSION POLICE STATION, HASSAN - 573 201 REPRESENTED 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 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.200/2026 REGISTERED BY THE RESPONDENT HASSAN EXTENSION POLICE, HASSAN FOR THE ALLAGED OFFENCES P/U/S 22(C) OF NDPS, 1985, PENDING IN COURT CR.NO.154/2026 ON THE FILE OF THE HONBLE PRL. DISTRICT AND SESSIONS COURT AT HASSAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010550762026 NC: 2026:KHC:47906 CRL.P No. 12008 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in Crime No.200/2026 registered by Hassan Extension Police Station, Hassan, for the offence punishable under Section 22(C) of the NDPS Act, 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.200/2026 was registered by Hassan Extension Police Station, for the aforesaid offences against one Yunas and the petitioner herein based on the first information dated 16.07.2026 received from Vinay Kumar, Police Officer attached to Hassan Extension Police Station. During the course of investigation of the said case, petitioner was arrested on 16.07.2026 and remanded to judicial custody. His bail application filed before the Trial Court in Crime No.154/2026 was rejected on 30.07.2026. Therefore, petitioner is before this Court. - 3 - HC-KAR CNR: KAHC010550762026 NC: 2026:KHC:47906 CRL.P No. 12008 of 2026 4. FIR in the present case was registered against accused nos.1 & 2 based on the credible information received by the first informant to the effect that accused nos.1 & 2 who were at the spot of crime in car bearing registration No.KA-46-M-2591, were making attempts to sell contraband article MDMA weighing 10 grams to the public. In the raid that was held to the alleged spot, subsequently, accused nos.1 & 2 were apprehended and contraband article allegedly MDMA weighing 5 grams was recovered and seized under the panchanama. During the course of investigation, accused nos.1 & 2 were arrested. In the confession statement of accused no.1, he has stated that he had totally purchased 20 grams of MDMA and out of the same, he had brought 5 grams of MDMA in the car for the purpose of handing over the same to accused no.2 who had paid him a sum of Rs.1,000/-. He has also stated that the remaining contraband article was kept in his house. It is under these circumstances, a further raid was held to the house of accused no.1 and contraband article allegedly MDMA totally weighing 13 grams was further seized from the house of accused no.1 at his instance. - 4 - HC-KAR CNR: KAHC010550762026 NC: 2026:KHC:47906 CRL.P No. 12008 of 2026 5. From the aforesaid, it is apparent that there was no recovery of any contraband article from the possession of accused no.2 in the present case. The allegation against him is that he had approached accused no.1 for the purpose of purchasing the aforesaid contraband article. It is also not in 0dispute that petitioner has no other criminal antecedents. Accused no.1 is arrested and remanded to judicial custody in the present case. In view of the aforesaid, the rigor under Section 37(1)(b) of the NDPS Act, cannot be made applicable against the petitioner. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.200/2026 registered by Hassan Extension Police Station, Hassan, for the offences punishable under Section 22(C) of the NDPS Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 5 - HC-KAR CNR: KAHC010550762026 NC: 2026:KHC:47906 CRL.P No. 12008 of 2026 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; 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. Sd/- (S VISHWAJITH SHETTY) JUDGE KK