- 1 - HC-KAR NC: 2026:KHC:5765 CRL.P No. 14609 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14609 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ACCHUTHA N @ KIRAN MENDON S/O NAVARA KARKERA AGED ABOUT 45 YEARS R/AT ANNAPPA INDUSTRIES COCONUT GARDEN NEAR KADIKE BEACH, GUJJARBETTU PADUTHONSE VILLAGE UDUPI DISTRICT-574 105 PERMANENT RESIDENT H.NO.1-21-1583 WIRELESS COMPOUND BOLOORU, ASHOK NAGARA URGA, MANGALORE D.K. DISTRICT-575 006 2. PUNITH @ PUNITHRAJ S/O SHIVANANDA AGED ABOUT 25 YEARS R/AT 9/117, GUJJARBETTU KEMMANNU, THONSE WEST UDUPI TALUK, UDUPI-576 115 …PETITIONERS (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: STATE OF KARNATAKA BY STATION HOUSE OFFICER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5765 CRL.P No. 14609 of 2025 MALPE POLICE STATION, UDUPI REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 …RESPONDENT (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.98/2025 OF MALPE P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8A(C),20(b)(ii)B(c) OF NDPS ACT, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused Nos. 1 and 2 under Section 483 of BNSS praying to grant bail in crime No. 98/2025 of Malpe Police Station registered for offence under Sections 8A(C), 20(b)(ii)A, 20(b)(ii)B(c) of NDPS Act. 2. Heard learned counsel for petitioners and learned HCGP for respondent – State. 3. Learned counsel for petitioners would contend that in the search 26 grams of Ganja and 3.480 grams of - 3 - HC-KAR NC: 2026:KHC:5765 CRL.P No. 14609 of 2025 MDMA have been seized from the bike and it belongs to accused No. 4. Inventory certified by the Magistrate contains that MDMA seized is 2.360 grams with small five polythene covers and Ganja seized is 26.390 grams. FSL report indicates that the contraband seized is Ganja and Methamphetamine. Sample returned after examination is 1.67 grams and it is small quantity. Punishment provided for possessing small quantity is imprisonment for one year. Now chargesheet has been filed and the petitioners are in judicial custody since 05.09.2025 and therefore they are not required for further custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the petitioners were found selling ganja and MDMA. They were arrested along with another and one person ran away. 26 grams of Ganja and 3.480 grams of MDMA has been seized from their bike. Chargesheet material show prima facie case against the petitioners. The contraband seized is positive for Ganja and Methamphetamine. - 4 - HC-KAR NC: 2026:KHC:5765 CRL.P No. 14609 of 2025 Accused Nos. 1 and 2 are having criminal antecedents. With this, he prayed to reject the petition. 5. Having heard learned counsel for the parties the Court has perused the chargesheet and other materials placed on record. 6. The Police on 05.09.2025, on receipt of credible information, conducted raid and found four persons with a bike selling narcotic drug and they apprehended three persons and one person ran away. The Police seized 26 grams of ganja and 3.480 grams of MDMA and the bike. Petitioners, accused Nos. 1 and 2 were apprehended. The quantity seized along with the inventory has been placed before the Magistrate. The Magistrate found 26.390 grams of ganja and 2.360 MDMA with small 5 polythene covers. Said contraband seized has been sent for examination to FSL. The FSL report indicates that the 26 grams ganja seized is positive for ganja and another contraband seized sent to them along with 5 polythene covers weighed 2.360 grams and it is positive for - 5 - HC-KAR NC: 2026:KHC:5765 CRL.P No. 14609 of 2025 Methamphetamine and its weight after examination is 1.67 grams. Considering the said aspect, learned counsel for petitioners submits that both are small quantity and punishment provided for possessing small quantity is imprisonment which may extend to one year. Petitioners are in judicial custody since 05.09.2025 and as chargesheet is filed they are not required for custodial interrogation. 7. Considering the above asserts, petitioners have made out case for grant for bail with conditions. 8. In the result the following O R D E R Petition is allowed. Petitioners are granted bail in Crime No. 98/2025 of Malpe Police Station subject to following conditions: I. Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum to satisfaction of the trial Court. - 6 - HC-KAR NC: 2026:KHC:5765 CRL.P No. 14609 of 2025 II. Petitioners shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioners shall appear before the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. IV. Petitioners shall not involve in commission of any offence. If the petitioners are found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 9