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2026 Supreme(Online)(Kar) 9425

THE HIGH COURT OF KARNATAKA
S RACHAIAH
PRANAV S KATAGIHALLIMATH – Appellant
Versus
STATE BY INTELLIGENCE OFFICER – Respondent
CRL.P 642/2026



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.642 OF 2026 (439(Cr.PC)/ 483(BNSS))

BETWEEN:

PRANAV. S KATAGIHALLIMATH, S/O. SOMASHEKHAR KATAGIHALLIMATH, AGED ABOUT 29 YEARS, R/O.123, 16TH CROSS, 12TH MAIN, 1ST BLOCK, RAJAJINAGAR, Digit ally BENGALURU NORTH - 560 010.

signed by SREEDHARAN BANGALORE SUSHMA …PETITIONER LAKSHMI (BY SRI. VISHWANATH K.S., ADVOCATE)

Location: High Court of Karnataka AND:

STATE BY INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU, BANGALORE ZONAL UNIT, FULL ADDRESS NO.7/1, PRIYANK VILLAS, KATTIGENAHALLI, BAGALURU MAIN ROAD, YELAHANKA, BANGALORE - 560 064.

…RESPONDENT (BY SRI. MADHUKAR DESHPANDE, ADVOCATE)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT BAIL TO THE PETITIONER WHO ARE ARRAYED AS ACCUSED NO.2 IN NCB CRIME NO.48/1/20/2025/BZU REGISTERED BY THE RESPONDENT NARCOTICS CONTROL BUREAU FOR THE ALLEGED OFFENCE PUNISHABLE SECTIONS 8(c), 22(c), 23(c), 27, 27A, 28 AND 29 OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985, WHICH IS PRESENTLY PENDING IN SPL.C.NO.2434 OF 2025 ON THE FILE OF XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES AT BENGALURU AND RELEASE THE PETITIONER ON BAIL AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

1. The petitioner herein is accused No.2 seeking for regular bail in NCB Crime No.48/1/20/2025/BZU registered by the respondent for the offences punishable under Sections 8(c), 22(c), 23(c), 27, 27A, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 pending in Spl.C. No.2434/2025 on the file of the learned XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases at Bengaluru.

Brief facts of the case

2. The case of the prosecution is that on

31.05.2025, the NCB Bangalore Zonal Unit, has received a confidential input regarding the international postal shipment bearing tracking No.RQ137229372DE, originated from Germany and destined to Bangalore. The Investigating Officer suspected that it contained LSD (Lysergic acid diethylamide) blotter papers, sent a letter to the Assistant Commissioner of Police, Foreign Post Office and also Postal Appraising Department of Chamarajpet, Bengaluru, requesting to hand over the parcel, which is lying in the Foreign Post Office, Chamarajpet, Bengaluru.

3. It is further submitted that a team of NCB proceeded to the Foreign Post Office, Chamarajpet, Bengaluru, on 02.06.2025, in the presence of two postal officials as independent witnesses, conducted a search and seizure of the said parcel.

4. It is stated that they have opened the envelope, and found three transparent pouches in the said envelope, which contained multi-coloured blotter papers of triangular and square shapes.

5. It is also stated that, 177 blotter papers were recovered from the said parcel, which is considered as LSD. It is stated that the net weight of the said papers was 2.39 grams, which is commercial quantity.

6. Based on the said information, a case came to be registered against accused Nos.1 and 2, and thereafter, conducted an investigation and submitted the charge sheet.

7. Heard Sri. Vishwanath K.S., learned counsel for the petitioner and Sri Madhukar Deshpande, learned counsel for the respondent.

8. The submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case, and he is innocent of alleged offences. Merely because, the consignment was in the name and address of accused No.2, it cannot be construed that he had committed the offence with intention or knowledge.

9. It is further submitted that, in fact, the search and seizure were conducted in the post office and not in the house of accused No.2. Moreover, the petitioner is a permanent resident of Bangalore, and no monetary transaction had taken place between accused Nos.1 and

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