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2026 DAILYLAW 44376 (KAR)

ABDUL HAKEEM v. STATE OF KARNATAKA

CRL.P/13782/2026 · 2026-10-06

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010616612026 NC: 2026:KHC:55739 CRL.P No. 13782 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13782 OF 2026 BETWEEN: 1. ABDUL HAKEEM S/O NIZAR, AGED ABOUT 20 YEARS, BBA STUDENT, GOVERNMENT FIRST GRADE COLLEGE, R/AT. VADDARAHALLI VILLAGE, KASABA HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT - 573 127. 2. IRFAN S/O FAROOQ, AGED ABOUT 22 YEARS, R/AT. KALAGALE VILLAGE, SAKALESHPURA TALUK, HASSAN DISTRICT - 573 127. 3. MANSOOR S/O ABDULLA, AGED ABOUT 19 YEARS, B.COM STUDENT, ST. JOSEPH COLLEGE, HASSAN, R/AT J.P.NAGAR VILLAGE, BALLUPETE, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT - 573 127. …PETITIONERS (BY SRI. SRIRAM M, ADVOCATE) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010616612026 NC: 2026:KHC:55739 CRL.P No. 13782 of 2026 AND: STATE OF KARNATAKA BY SHO OF SAKALESHPURA RURAL P.S., REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.160/2026 OF SAKALESHPURA RURAL POLICE REGISTERED FOR THE ALLEGED OFFENCE P/U/S 22(B) OF NDPS ACT 1985 AND THE COURT CR NO.166/2026 WHICH IS PENDING ON THE FILE OF THE HONBLE PRL.DISTRICT AND SESSIONS JUDGE, AT HASSAN. 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 Nos.1 to 3 in Crime No.160/2026 registered by Sakaleshpura Rural Police Station, Hassan District for the offence punishable under Section 22(b) of NDPS Act, - 3 - HC-KAR CNR: KAHC010616612026 NC: 2026:KHC:55739 CRL.P No. 13782 of 2026 1985, are 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.160/2026 was registered by Sakaleshpura Rural Police Station, Hassan for the aforesaid offence against the petitioners herein, based on the first information dated 11.08.2026 received from Sri Raju, Police Officer attached to Sakaleshpura Rural Police Station, Hassan. In the said case, the petitioners, who were arrested on 11.08.2026, were subsequently remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crime No.166/2026 was rejected on 25.08.2026. Therefore, they are before this Court. 4. A reading of the first information submitted by Sri Raju, Police Officer attached to Sakaleshpura Rural Police Station, Hassan, would go to show that, on 11.08.2026 at about 04:00 p.m., when he was on duty, he - 4 - HC-KAR CNR: KAHC010616612026 NC: 2026:KHC:55739 CRL.P No. 13782 of 2026 had received credible information to the effect that accused Nos.1 to 3 named in the FIR were in possession of contraband article allegedly MDMA and therefore, FIR was registered against them for the aforesaid offence. In the raid that was subsequently conducted, the petitioners were apprehended and from their possession, the contraband article allegedly MDMA totally weighing 2.42 grams was recovered and seized under a Panchanama. 5. Under the relevant notification issued under the provisions of the NDPS Act, 1985, 2.42 grams of MDMA is considered as intermediate quantity. Accused Nos.1 and 2 are students and accused No.3 is said to be a driver by profession. Accused Nos.1 to 3 are all youngsters aged about 20 to 22 years. Undisputedly, they do not have any criminal antecedents. Major portion of the investigation is already completed. Since the seized contraband article is of intermediate quantity, the rigour under Section 37(1)(b) of the NDPS Act would not be applicable to the case on hand. - 5 - HC-KAR CNR: KAHC010616612026 NC: 2026:KHC:55739 CRL.P No. 13782 of 2026 6. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R i) The Criminal Petition is allowed. ii) The petitioners are directed to be enlarged on bail in Crime No.160/2026 registered by Sakaleshpura Rural Police Station, Hassan for the offence punishable under Section 22(b) of NDPS Act, 1985, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 6 - HC-KAR CNR: KAHC010616612026 NC: 2026:KHC:55739 CRL.P No. 13782 of 2026 c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 67