- 1 - HC-KAR CNR: KAHC010512782026 NC: 2026:KHC:53991 CRL.P No. 11222 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11222 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: MR. ATHUL A V S/O PRAVEEN KUMAR A V AGED ABOUT 25 YEARS, R/AT CHERUVATHOOR PARAMBA, WESTHILL POST, KOZHIKODE, KERALA STATE - 673 005 ALSO R/AT VK NEST, 19TH MAIN RD, OLD MADIWALA, CASHIER LAYOUT, 1ST STAGE, BTM LAYOUT, BENGALURU- 560 029. …PETITIONER (BY SRI. AJMAL KHAN., ADVOCATE) AND: STATE OF KARNATAKA BY EXCISE, JAKKUR RANGE, BUD-02 BENGALURU REPRESENTED BY GOVT.PLEADER, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. RAHUL RAI .K, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.951/2026 ARISING OUT OF CR.NO.113/2026 REGISTERED BY BAGALUR P.S., BENGALURU, FOR THE OFFENCES P/U/S 8(c),20(b)((i)(c),22,25 OF NDPS ACT, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010512782026 NC: 2026:KHC:53991 CRL.P No. 11222 of 2026 PENDING BEFORE THE XXXV ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BENGALURU (CCH- 35)THE XXXIV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) BENGALURU HAS REJECTED THE BAIL PETITION ON 15.07.2026. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in SPL.C.No.951/2026 pending before the XXXIV ADDL. City Civil and Sessions Judge and Special Judge (NDPS) at Bengaluru, arising out of Crime No.113/2024 registered by Excise Jakkur Range, Bengaluru for the offence punishable under sections 20(b)(ii)(C), 22, 25, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’) is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. The inspector of Excise Department acting on credible information received on 09.03.2024, intercepted a two wheeler bearing Reg.No.KL-11-BK-7378 and the rider - 3 - HC-KAR CNR: KAHC010512782026 NC: 2026:KHC:53991 CRL.P No. 11222 of 2026 of the said two wheeler abandoned the vehicle and managed to escape. On verification it was found that 11.250 gms of contraband article, allegedly MDMA was kept under the seat of the aforesaid vehicle. The contraband article was recovered and seized under panchanama and thereafter FIR was registered against owner of the aforesaid two wheeler bearing Reg.No.KL-11- BK-7378. During the course of investigation, it was found that the petitioner is the registered owner of the aforesaid two wheeler. Inspite of repeated notices issued to the petitioner, he had not appeared before the Investigating officer. Investigation is now completed and charge sheet is filed. Bail application filed by the petitioner before the jurisdictional Session Court in Crl.Misc.No.6010/2026 was rejected on 15.7.2026. Therefore, he is before this court. 4. It is the case of the prosecution that the rider of the aforesaid motorbike had abandoned the vehicle and escaped after the inspector of excise had intercepted the said vehicle based on credible information. From the said - 4 - HC-KAR CNR: KAHC010512782026 NC: 2026:KHC:53991 CRL.P No. 11222 of 2026 vehicle, commercial quantity of contraband article allegedly MDMA was recovered. The forensic science laboratory report shows that seized contraband article has now tested positive for the drug known as MDMA and 11.250 gms of MDMA is considered as commercial quantity in the notification issued under the provisions of NDPS Act. 5. Though FIR was registered in the present case in the year 2024 itself, inspite of repeated notices, petitioner has not cooperated with the police for the purpose of investigation and the vehicle in which the contraband article was kept has been seized in the present case and till date no application is filed by the registered owner of the said vehicle, for the release of the said vehicle. Therefore, it is apparent that the petitioner has not all cooperated with the police for the purpose of investigation. Merely for the reasons that investigation of the case is now completed and charge sheet is filed, the discretionary relief of anticipatory bail cannot be granted to the petitioner, who is allegedly involved in trafficking of - 5 - HC-KAR CNR: KAHC010512782026 NC: 2026:KHC:53991 CRL.P No. 11222 of 2026 commercial quantity of contraband article and also not cooperated with the police. 6. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail cannot be entertained. Accordingly the petition is hereby dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE AKV List No.: 1 Sl No.: 49