- 1 - HC-KAR NC: 2026:KHC:21747 CRL.P No. 3754 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.3754 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: YUVARAJ E., S/O ELUMALI, AGED ABOUT 20 YEARS, R/AT NO.151/1, NEAR RAMADEVA GARDEN, KACHARAKANAHALLI, KALYANANAGAR, BENGALURU NORTH, BENGALURU CITY, KARNATAKA-560 043. …PETITIONER (BY SRI. ARUNACHALAM SHIVAKUMAR, ADVOCATE) AND: STATE OF KARNATAKA BY BANASWADI PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY MS. ASMA KOUSER, 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 CRIME NO.42/2026 REGISTERED BY RESPONDENT POLICE, PENDING ON THE FILE OF XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS), BENGALURU, FOR Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21747 CRL.P No. 3754 of 2026 THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 22(B) AND 8(C) OF THE NDPS, ACT, 1985 AND THE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS), BENGALURU HAS REJECTED THE BAIL PETITION ON 04.02.2026 IN CRL.MISC.NO.673/2026. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER This petition is filed by the petitioner/accused No.1 seeking regular bail in Crime No.42/2026 registered by respondent/police for the offence punishable under Sections 22(b) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 pending on the file of the learned XXXIII Additional City Civil and Sessions Judge and Spl. Judge (NDPS) Act, 1985. 2. The facts of the case are that on 15.01.2026 at about 8:20 p.m., while the complainant was on patrolling duty, he received credible information from an informant that near Station Road, in a vacant place at Banasawadi, Bengaluru, a person was selling MDMA to customers. On - 3 - HC-KAR NC: 2026:KHC:21747 CRL.P No. 3754 of 2026 receiving the said information, the complainant proceeded to the spot along with his staff and panch witnesses, apprehended the accused, and seized the contraband weighing 12.4 grams. A seizure mahazar was drawn at the spot in the presence of the panch witnesses. The investigation is in progress. 3. The learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences and has been falsely implicated in this case. It is submitted that the alleged seizure of the contraband is contrary to the provisions of the NDPS Act. It is further submitted that the petitioner is aged about 20 years and has no criminal antecedents. The petitioner will abide by the conditions to be imposed by this Court in the event of his release on bail. Making such submission, learned counsel for the petitioner prays to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State vehemently submitted - 4 - HC-KAR NC: 2026:KHC:21747 CRL.P No. 3754 of 2026 that the petitioner was selling contraband in a public place. On receiving credible information, the respondent–police apprehended him and seized the contraband in the presence of panch witnesses. It is further submitted that the offence alleged against the petitioner is heinous in nature and the quantity seized is of commercial quantity. Therefore, it is not appropriate to grant him bail. Making such submission, she prayed to reject the petition. 5. Heard the learned counsel for the respective parties and perused the averments of the complaint. It appears from the record that on 15.01.2026, the complainant received credible information that the petitioner was selling contraband on Banasawadi Road. Upon receiving the said information, he proceeded to the spot, apprehended the petitioner, and seized the contraband in the presence of panch witnesses. 6. Be that as it may, on perusal of the material on record, there are no criminal antecedents against the - 5 - HC-KAR NC: 2026:KHC:21747 CRL.P No. 3754 of 2026 petitioner and he is aged about 20 years. It appears that he is a first-time offender. Considering the age and antecedents of the petitioner, it is appropriate to grant him bail by imposing suitable conditions of the petitioner that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.42/2026 registered by respondent/police for the offence punishable under Sections 22(b) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 pending on the file of the learned XXXIII Additional City Civil and Sessions Judge and Spl. Judge (NDPS) Act, 1985 on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. - 6 - HC-KAR NC: 2026:KHC:21747 CRL.P No. 3754 of 2026 iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. v) The petitioner shall not indulge in any criminal activities till disposal of the case. vi) The petitioner shall mark the attendance before the jurisdictional police station once in a month on every Sunday between 10.00 to 2.00 p.m till filing of the final report. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 16