- 1 - HC-KAR NC: 2026:KHC:139 CRL.P No. 14665 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14665 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. PAIJAN AHMED KURESHI S/O SIKHANDAR AHMED KURESHI AGE ABOUT 22 YEARS R/A TIPPU NAGAR, 1ST CROSS NEAR AUTO CIRCLE CHIKMAGALUR – 577 101. …PETITIONER (BY SRI. MOIDEEN ARAFAT, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVANAHALLI POLICE STATION REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGLORE – 560 001. …RESPONDENT (BY SMT. WAHEEDA M M, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL UNDER SECTION 483 OF BNSS, IN CONNECTION WITH CRIME No.72/2025 REGISTERED BY BASAVANAHALLI P.S CHIKMAGALUR ON THE FILE PRL.DIST. AND SESSIONS JUDGE, CHIKMAGALUR, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 8(c), 22(b) OF NDPS ACT, 1985. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:139 CRL.P No. 14665 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the Petitioner -accused No.2 under Section 483 of BNSS praying to grant bail in Crime No.72/2025 of Basavanahalli Police Station, Chikkamagaluru, registered for the offence punishable under Section 8(c), 22(a) of NDPS Act, 1985. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the accused No.1 has been granted bail by this Court in Criminal Prohibition No. 12763/2025 by order dated 23.09.2025. This petitioner is also similarly placed to that of accused No.1 who has been granted bail and therefore, he is entitled for grant of bail on the ground of parity. He further submits that the petitioner is in judicial custody since 10.05.2025 and as charge sheet is filed, he - 3 - HC-KAR NC: 2026:KHC:139 CRL.P No. 14665 of 2025 is not required for custodial interrogation. With these, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the quantity of MDMA seized is more than small quantity and lesser than commercial quantity. With this, she prayed to reject the petition. 5. Having heard learned counsels, this Court has perused the materials placed on record. 6. This Court while granting bail to accused No.1 has observed as under “3.The case of the prosecution in brief is that, on 10.8.2025 at about 9.00 p.m., the PSI of Basavanahalli Police Station, Chikkamagaluru, received a credible information that two persons are in possession of MDMA crystal, intending to sell it to the public. Based on the said information, a search warrant was obtained and along with panchas, the police went to Chandranagara, Bale Halli Road, Chikkamagaluru Town, at about 10.05 p.m. while waiting at the spot, they noticed two persons coming on a scooter. They intercepted the scooter and on search, found that they were carrying 2 gms. 5 mgms. - 4 - HC-KAR NC: 2026:KHC:139 CRL.P No. 14665 of 2025 of MDMA crystal worth Rs.8,000/- in the dickey of the scooter. The said MDMA crystal was seized under a mahazar in the presence of panchas. 4. Admittedly, as per mahazar, the PSI asked the accused if they preferred to be searched in the presence of a gazetted officer or by the officer himself. It is not stated whether the accused consensed to being searched by the officer himself. The complainant is not a Gazetted Officer. The accused were not informed about their right of being searched in the presence of a Magistrate. Hence, the procedure as contemplated by law has not been followed while conducting search, notwithstanding the fact that the alleged contraband was found in the dicky of the scooter. 5. The Hon’ble Apex Court in Ranjan Kumar Chadha v. State Of Himachal Pradesh reported in 2023 LiveLaw (SC) 856 has held that Section 50 of the NDPS Act, envisions certain requirements for conducting searches, which include the right of the person to be searched to have the search conducted in the presence of a Gazetted Officer or Magistrate if he so desire. The Police Officer has the obligation to inform the person of his right before proceeding with the search. If the person declines to exercise this right, the search can proceed, but a written statement should be taken from the person indicating his choice. The communication of this right should be clear, either - 5 - HC-KAR NC: 2026:KHC:139 CRL.P No. 14665 of 2025 orally or in writing, and should provide only two options: a Gazetted Officer or a Magistrate, who must be independent and not connected to the raiding party. 6. Be that as it may, in the case on hand, the contraband seized is not a commercial quantity 7. The learned High Court Government Pleader has contended that the FSL report is awaited and therefore, at this stage the petitioner is not entitled for bail and if he is granted bail, he may tamper with the evidence and flee from justice. 8. Petitioner is in custody since 10.8.2025. He has no criminal antecedents. He has been interrogated. He is not required for further interrogation/investigation. The apprehension of the prosecution can be safeguarded by imposing conditions.” The accused No.1 was riding the scooter and this petitioner was pillion rider. Considering the said aspect the petitioner is also similarly placed to that of accused No.1 who has been granted bail and therefore, this petitioner is entitled for grant of bail on the ground of parity. There are no criminal antecedents of the petitioner. The petitioner is in custody since 10.08.2025. Considering the above - 6 - HC-KAR NC: 2026:KHC:139 CRL.P No. 14665 of 2025 aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.72/2025 of Basavanahalli Police Station, Chikkamagaluru, registered for the offence punishable under Section 8(c), 22(a) of NDPS Act, 1985, subject to following conditions: a) The petitioner –accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) The petitioner –accused No.2 shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 7 - HC-KAR NC: 2026:KHC:139 CRL.P No. 14665 of 2025 c) The petitioner –accused No.2 shall not directly or indirectly tamper with the prosecution witnesses. d) The petitioner –accused No.2 shall not indulge himself in committing any offence. e) The petitioner –accused No.2 shall appear before the trial Court regularly on all the dates of hearing. Violation of any of the above conditions shall result in cancellation of the bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 50 Ct.sm