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2026 DAILYLAW 4401 (KAR)

SRI ABDUL MAJEED v. STATE OF KARNATAKA

CRL.P/1801/2026 · 2026-03-17

S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15971 CRL.P No. 1801 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1801 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI ABDUL MAJEED S/O ABDUL NAHIM, AGED ABOUT 23 YEARS, R/AT 340, 7TH CROSS, SATHAGALLI LAYOUT, 1ST STAGE, MYSURU 3 570 019 PERMANENT ADDRESS: R/AT MALLIKYATHANAHALLI, MALAVALLI (RURAL) MANDYA 3 571 430 &PETITIONER (BY SRI. HEMANTH C GOWDA., ADVOCATE) Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15971 CRL.P No. 1801 of 2026 AND: STATE OF KARNATAKA BY UDAYAGIRI POLICE STATION, MYSURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 3 560 001 &RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ADBUL MAZEED S/O ABDUL NAHIM ON REGULAR BAIL IN CRIME NO.1/2026 OF UDAYAGIRI POLICE STATION, MYSURU CITY FOR THE ALLEGED OFFENCE P/U/S 22(c) OF NDPS ACT 1985. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15971 CRL.P No. 1801 of 2026 ORAL ORDER 1. The petitioner/accused No.2 is before this Court seeking for grant of regular bail in Crime No.1/2026 of Udayagiri police station for the offence punishable under Section 22(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, NDPS). Brief facts of the case: 2. The case of the prosecution is that the complaint came to be registered by the complainant who was working as a Police Inspector, CCB Unit, Mysore, stating that on 01.01.2026 around about 01.15 a.m., when he was on patrolling duty, he had received an information that two persons were standing near first main of Shantinagara to sell MDMA. On receiving the said information, he along with his staff went to the location. On seeing the complainant and his team, two persons who were standing in that location were trying to run away from the spot. However, they have been apprehended enquiry, they told that MDMA is in their pant pocket. The complainant secured the panchas and also conducted search and seized the contraband in their presence. - 4 - HC-KAR NC: 2026:KHC:15971 CRL.P No. 1801 of 2026 According to the complainant, he found 7 grams 77 ml of MDMA and the same was sent to FSL for chemical analysis. 3. It is further stated that 22 grams 70 miligram of MDMA has been seized at the instance of accused No. 2 in the same incident. Therefore, the petitioner has been apprehended and the case has been registered against the petitioner and others. The investigation is under progress. 4. Heard Sri. Hemanth C Gowda, learned counsel for the petitioner and Smt. Anitha Girish N, learned HCGP for respondent-State. 5. It is the submission of learned counsel for the petitioner that the petitioner who is arrayed as accused No. 2, and he is innocent of the alleged offence. It is alleged that 7.77 milligrams of MDMA has been seized at his instance, which is not a commercial quantity. The procedure conducted to recover the contraband from the possession of the petitioner has not been followed. Though, alleged contraband is sent for chemical analysis, the report is not yet received. There are no other criminal antecedents against the petitioner. In fact, he has - 5 - HC-KAR NC: 2026:KHC:15971 CRL.P No. 1801 of 2026 been falsely implicated in this case. Hence, it is appropriate to grant him bail by imposing suitable conditions, he will abide by the conditions imposed by this Court in event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent - State vehemently submitted that the complainant on receiving the credible information has arrested accused Nos. 1 and 2. Commercial quantity of contraband namely, MDMA has been seized from them. Though, it is the first offence against the petitioner, he has been involved in a heinous offence which is a serious threat to the Society and also to the Youths. In order to regulate such evil act of the petitioner, it is appropriate to reject the petition. Making such submissions, the learned HCGP prays to reject the petition. 7. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, it would indicate that contraband of almost 30 grams of MDMA has been seized from the possession of the accused. However, 7.77 milligrams has been seized from his possession which is - 6 - HC-KAR NC: 2026:KHC:15971 CRL.P No. 1801 of 2026 not a commercial quantity. Moreover, the petitioner has no criminal antecedents. Hence, it is appropriate to grant him bail by imposing suitable conditions which 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.1/2026 of Udayagiri police station for the aforesaid offence on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not indulge similar or in any criminal cases, till disposal of the case. - 7 - HC-KAR NC: 2026:KHC:15971 CRL.P No. 1801 of 2026 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 JS/- List No.: 1 Sl No.: 31