- 1 - HC-KAR NC: 2026:KHC:14572 CRL.P No. 1315 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1315 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: DAVOOD AGED ABOUT 25 YEARS, S/O. SULEMAN, R/O. KUKKE BHANDYA VILLAGE, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT – 577 414 …PETITIONER (BY SRI. K PRASANNA SHETTY., ADVOCATE) AND: STATE OF KARNATAKA BY N R PURA PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14572 CRL.P No. 1315 of 2026 HIGH COURT OF KARNATAKA, BENGALURU – 560 001 …RESPONDENT (BY SMT. ANITHA GIRISHA N, HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN SPL. CASE NO.17/2026 (CRIME NO.98/2025) REGISTERED BY RESPONDENT POLICE, VIDE COURT ORDER DATED.11.03.2026 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT CHIKKAMAGALURU, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 8(C) AND 22(C) OF THE NDPS, ACT, 1985, IN THE INTEREST OF JUSTICE AND EQUITY. 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:14572 CRL.P No. 1315 of 2026 ORAL ORDER 1. This petition is filed by the petitioner who is the sole accused in Spl.C.No.17/2026 arising out of Crime No.98/2025 pending on the file of the Prl. District and Sessions Judge, Chikkamagaluru for the offences punishable under Section 8(c) and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS’). Factual matrix of the case: 2. The case of the prosecution is that the complainant on receiving credible information that a person was illegally transporting MDMA contraband substance in a vehicle bearing Reg.No.KA-14-HB-3856 proceeding from Mudaba towards Muthinakoppa with an intention to sell the same to the general public. On receiving the said information, the complainant after following the procedure prescribed under law, secured the panchas and Gazetted Officer went to the spot at about - 4 - HC-KAR NC: 2026:KHC:14572 CRL.P No. 1315 of 2026 1.30 p.m. They were watching the movement of the accused and they knew that the said vehicle was approached from the said direction and stopped the said vehicle and apprehended the accused and conducted a search in the presence of the Gazetted Officer. During the said search, 13 grams of MDMA Crystal, worth of Rs.26,000/- was found in the pant pocket of the accused and the same was seized and drawn seizure mahazar in the presence of the panchas and send the same for FSL. Thereafter, they conducted investigation and filed charge sheet. 3. Heard Sri. K.Prasanna Shetty, learned counsel for the petitioner Smt. Anitha Girisha N., learned High Court Government Pleader for respondent. 4. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences, he has been falsely implicated in this case. The petitioner has no criminal antecedents. FSL report would - 5 - HC-KAR NC: 2026:KHC:14572 CRL.P No. 1315 of 2026 indicate that the contraband allegedly seized is not MDMA, but Methamphetamine which is considered as intrermediate quantity. The petitioner is a permanent resident of Shivamogga and he is aged about 25 years. He is the sole bread earner of the family and entire family is depending upon his income. Therefore, he may be enlarged on bail by imposing suitable conditions which would take care of the apprehension of the prosecution. Makings of submissions learned counsel for the petitioner prays to allow the petition. 5. Per Contra, the learned High Court Government Pleader respondent - State vehemently submitted that though it is a first offence committed by the accused, the fact remains that the seized contraband is 13 grams of MDMA Crystal, valued at Rs.26,000/- and he had animus to sell the same to the general public for unlawful gain. The manner in which the contraband is supplied to the general public at large, especially, students in reputed college is highly dangerous to the society at large and - 6 - HC-KAR NC: 2026:KHC:14572 CRL.P No. 1315 of 2026 threat to the nation. Therefore, it is not proper to enlarge the petitioner on bail. If the petitioner is enlarged on bail, there may be every chances of committing similar offences. Making such submission learned High Court Government Pleader prays to dismiss the petition. 6. Having heard learned counsel for the respective parties and on perusal of the averments of the charge sheet which would indicate that the petitioner was transporting MDMA contraband substance from Mudaba towards Muthinakoppa on his motor bike. The complainant on receiving the credible information, he was waiting along with Gazetted Officer and apprehended the accused and seized contraband under seizure mahazar and send the same to the FSL for chemical analysis. On analyzing the said contraband, the Scientific Officer opined that it is not a MDMA which is considered intermediate quantity. Having considered the said aspect and in view of the fact that the petitioner is a first time offender, I am of the considered - 7 - HC-KAR NC: 2026:KHC:14572 CRL.P No. 1315 of 2026 opinion that the petitioner herein is enlarged on bail imposing suitable conditions. 7. Hence I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioner is enlarged on bail in Spl.C. No.17/2026 (Crime No.98/2025) pending on the file of Prl. District and Sessions Judge, Chikkamagaluru filed by the Respondent-Police for the aforesaid offences on executing a personal bond for a sum of Rs.1,00,000/- with one surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not commit any similar offence till disposal of the present case. iv. v. The petitioner shall appear before the trial Court on all hearing dates. - 8 - HC-KAR NC: 2026:KHC:14572 CRL.P No. 1315 of 2026 vi. The petitioner shall not tamper the prosecution witnesses. 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.: 30