- 1 - HC-KAR NC: 2026:KHC:5490 CRL.P No. 16204 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16204 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI PATRICK @ SUBISIO AGED ABOUT 44 YEARS S/O SIBISIYO PRESENTLY R/AT No.73 SRI SAYI CITY LAYOUT HALAHALLI, KITTAGANURU GRAMAPACHYITI BENGALURU CITY-560 049. PERMANENTLY R/AT LEGO CITY NIGERIA. 2. SRI. PREMESI @ CHUKWUEBUKA S/O IJIJ AGED ABOUT 42 YEARS PRESENTLY R/AT No.73 SRI SAYI CITY LAYOUT, HALAHALLI KITTAGANURU GRAMAPACHAYTI BENGALURU CITY-560 049. PERMANENTLY R/AT. ABA CITY …PETITIONERS (BY SRI. MANJUNATH B, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER DAVANAGERE CEN CRIME POLICE STATION, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5490 CRL.P No. 16204 of 2025 DAVANAGERE REPRESENTED BY SPP OFFICE AT HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M M, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CASE IN SPL.C.NO.491/2025 ARISING OUT OF CRIME NO.107/2025 REGISTERED BY THE RESPONDENT POLICE (CEN CRIME P.S., DAVANAGERE), FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 8(c),21(b),22(b),29 OF NDPS ACT 1985 AND SECTIONS 3,21,22 OF FOREIGNERS ACT 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 accused Nos.1 and 2 under Section 483 of BNSS praying to grant bail in Spl.C.No.491/2025 (Crime No.107/2025 of Davanagere CEN Crime Police Station) registered for offence punishable under Sections 8(c), 21(b), 22(b), 29 of NDPS Act and Sections 3, 12, 22 of the Foreigners Act, 2025. - 3 - HC-KAR NC: 2026:KHC:5490 CRL.P No. 16204 of 2025 2. Heard learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioners would contend that the contraband which was in the dash board of the car has been seized at the instance of accused No.3. The petitioners were inmates of the car. The petitioners are working in a Company. The petitioners are not having any criminal antecedents. As the charge sheet is filed, petitioners are not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the petitioners are not possessing valid passport. The petitioners have not produced visa and not stated in which address they are residing. The contraband seized is of commercial quantity and is positive for methamphetamine. The petitioners are Nigerians. If the petitioners are granted bail, there are chances of they committing similar offence and flee from justice. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:5490 CRL.P No. 16204 of 2025 5. Having heard the learned counsels, the Court has perused charge sheet and other materials placed on record. 6. On 24.07.2025 at about 09.00 p.m. the complainant received credible information and he along with his team raided the spot at about 10.15 p.m. and found accused persons sitting in the car bearing number KA-21 MA 0602. Accused Nos. 1 to 4 were in the car stated that they came to give MDMA to accused No.5 for the purpose of sale. The contraband was kept in the dash board and it was pointed out by accused No.4. The said contraband is MDMA weighing 13 grams and it has been seized. The contraband seized is of a commercial quantity. The petitioners/accused Nos.1 and 2 are Nigerians. The petitioners are not possessing valid passport and visa. The offences alleged against the petitioners are punishable with imprisonment which may extend up to 10 years. The charge sheet material show prima-facie case for the offence alleged against the petitioners. The contraband - 5 - HC-KAR NC: 2026:KHC:5490 CRL.P No. 16204 of 2025 seized is found positive for methamphetamine. If the petitioners are granted bail, there are chances of they committing similar offence and flee from justice. 7. Considering the above aspects, the petitioners have not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 14 Ct.sm