IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1095 OF 2025 BETWEEN:

NISSAR HUSSAIN @ NICHU AGED ABOUT 35 YEARS, S/O.ABDUL RAZAK, R/AT D.NO.8-100A, 8^TH BLOCK, CHOKKABETTU, SURATHKAL, MANGALORE- 575 014 …PETITIONER (BY SRI. MOHAMMED MONISH SOWKAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY SURATHKAL POLICE STATION, MANGALORE, DAKSHINA KANNADA REP. BY THE S.P.P, HIGH COURT BUILDING, D igitally BANGALORE-560 001 signed by MEGHA …RESPONDENT MOHAN (BY SMT.N.ANITHA GIRISH, ADVOCATE)

Location:

HIGH COURT THIS CRL.P FILED U/S 439 CR.PC, PRAYING TO ENLARGE THE OF PETITIONER ON REGULAR BAIL IN CONNECTION WITH KARNATAKA SPL.C.NO.84/2024 ARISIN OUT OF CRIME NO.70/2023, PERTAINING TO SURATHKAL POLICE STATION, FOR THE OFFENCES P/U/S 8(c), 21(c) OF NDPS ACT AND SEC. 34 OF IPC, NOW PENDING IN SPL. C.NO.84/2024 ON THE FILE OF HONBLE COURT OF PRL. DISTRICT AND SESSIONS JUDGE MANGALORE.

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 No.2 in Spl.C.No.84/2024 pending before the Court of Principal District and Sessions Judge, D.K. Mangaluru, arising out of Crime No.70/2023 registered by Surathkal Police Station, Mangalore for the offences punishable under Sections 8(c), 21(c) of NDPS Act, 1985, read with Section 34 of IPC is before this Court under Section 439 of Cr.P.C., seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.70/2023 was registered by Surathkal Police Station, Mangalore against accused No.1 and petitioner herein for the aforesaid offences, on the basis of the first information dated 27.08.2023 submitted by Sharanappa Bhandari, Police Officer attached to CCB Police, Mangaluru. 4. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 28.08.2023. Investigation is completed and charge sheet has been filed against the accused persons, petitioner herein is arrayed as accused No.2 in the charge sheet. His bail application filed in Spl.C.No.84/2024 before the Trial Court was rejected on

19.07.2024. Therefore, he had approached this Court.

5. Learned Counsel for the petitioner submits that the contraband article MDMA weighing 32 grams was seized from the possession of accused No.1 and from the possession of the petitioner, 20 grams of contraband article MDMA was seized. Accused No.1 has been granted regular bail by this Court in Crl.Pet.No.8184/2024 on 27.08.2024. Trial in the case is yet to commence. In all the other criminal cases registered against the petitioner, he has been granted bail. Accordingly, he prays to allow the petition.

6. Per contra, learned HCGP has opposed the petition.

However, she has not dispute the submission made by the learned counsel for the petitioner. She submits that the petitioner may be put to stringent conditions considering this criminal antecedents.

7. Perusal of the material on record shows that based on credible information received, the first informant along with his staff had apprehended accused Nos.1 and 2 and from the possession of the accused persons totally 52 grams of contraband MDMA articles were seized. From possession of accused No.1, 32 grams of contraband MDMA article was seized and from the possession of accused No.2, 20 grams of contraband article was seized. The seized contraband articles which were forwarded to Forensic Science Laboratory, has tested positive for the drug known as Methamphetamine. Considering the fact that the seized contraband article was weighed along with the plastic cover and wax seal, this Court has granted regular bail to accused No.1 in Crl.Pet.No.8184/2024. Seizure of the contraband article was from the person of the accused and therefore, this Court while granting regular bail to accused No.1 has observed that the seized contraband article which was in possession of accused No.1 was of intermediate q