[Cites 2, Cited by 0]
Karnataka High Court
Mohammed Saif @ Saif vs State Of Karnataka on 9 April, 2026
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NC: 2026:KHC:19640
CRL.P No. 3438 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 3438 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
MOHAMMED SAIF @ SAIF
S/O. SULAIMAN IBRAHIM,
AGED ABOUT 22 YEARS,
R/AT.NO.60, 2ND FLOOR, 3RD CROSS,
NEAR KARNATAKA MEDICAL,
Digitally
signed by CHAMUNDINAGAR, R.T NAGAR,
PAVITHRA BENGALURU - 560 032
N
Location:
High ...PETITIONER
Court of
(BY SRI. LOKESH A.,ADVOCATE)
Karnataka
AND:
STATE OF KARNATAKA
BY HEBBALA PS
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NC: 2026:KHC:19640
CRL.P No. 3438 of 2026
HC-KAR
REPRESENTED THROUGH
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001
...RESPONDENT
(BY Ms. ASMA KOUSER., ADDL. SPP)
----
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO GRANT BAIL TO
THE PETITIONER WHO IS ARRAYED AS ACCUSED NO.3 IN
CRIME NO.15/2026 REGISTERED BY THE RESPONDENT HEBBAL
POLICE NOW PENDING ON THE FILE OF THE XXXIV ADDL. CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS)
(CCH-35) BENGALURU FOR THE OFFENCES P/U/S 22(b) OF
NDPS ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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NC: 2026:KHC:19640
CRL.P No. 3438 of 2026
HC-KAR
ORAL ORDER
The petitioner/accused No.3 is before this Court seeking
grant of regular bail in Crime No.15/2026 of the respondent
police for the offence under Section 22(b) of Narcotic Drugs
and Psychotropic Substances Act, 1985.
Brief facts of the case:
2. The case of the prosecution is that the Assistant
Sub-Inspector of Police had lodged a complaint stating that on
20.01.2026, around 02.15 pm, when he was on patrolling
duty, he received an information that three persons were
selling MDMA substances in their two-wheelers to the public
and youth near Vinayaka Agroseeds, V.Nagenahalli Main Road.
On receiving the said information, the complainant and his staff
went to the spot and observed that these three persons were
selling contraband. Immediately, they apprehended them,
conducted a search and seized the contraband. They registered
the case and conducted the investigation. The investigation is
in progress.
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HC-KAR
3. Heard Sri. Lokesh A., learned counsel for the
petitioner, and Ms Asma Kouser, learned Additional State Public
Prosecutor for the respondent-State.
4. It is the submission of learned counsel for the
petitioner that the petitioner is arraigned as accused No.3. It is
alleged that 3 grams of MDMA has been seized at his instance.
However, the said substance, whether it is MDMA or not, has
not been concluded or determined by way of getting the report
from the FSL. The allegations are baseless and false. In fact, he
was not present at the spot. The petitioner has been falsely
implicated in this case, and there are no criminal antecedents
against the petitioner. Petitioner is aged about 22 years and a
resident of R.T.Nagar, Bengaluru, and he is the earning
member of the family. He will abide by the conditions imposed
by this Court in the event of his release on bail. Making such a
submission, the learned Counsel for the petitioner prays to
allow the petition.
5. Per contra, learned Additional State Public
Prosecutor for the respondent State vehemently submitted that
a total of 21 grams of MDMA has been seized from the accused,
NC: 2026:KHC:19640
HC-KAR
which is a commercial quantity. The petitioner is arraigned as
accused No.3, and he is also one of the associates of the said
group. 3 grams of MDMA has been seized from the petitioner. If
the petitioner is enlarged on bail, there may be chances of
committing similar offences. Therefore, it is not appropriate to
grant him bail. Making such a submission, the learned High
Court Government Pleader prays to reject the petition.
6. Heard learned counsel for the respective parties and
perused the averments of the complaint and also the remand
application filed along with the petition. It appears that the
petitioner is arraigned as accused No.3. In all 21 grams of
MDMA was seized in this case. However, as per the specific
overt act of the petitioner is that only 3 grams of MDMA has
been seized from him.
7. Be that as it may. The petitioner has no
antecedents. Having considered the age and also that he had
no antecedents, it is appropriate to grant him bail by imposing
suitable conditions that would take care of the prosecution.
8. Hence, I proceed to pass the following:
NC: 2026:KHC:19640
HC-KAR
ORDER
(i) The petition is allowed.
(ii) The petitioner is ordered to be
enlarged on bail in Crime No.15/2026 of
respondent-police for the offence under Section
22(b) of Narcotic Drugs and Psychotropic
Substances Act, 1985 on executing personal
bond in a sum of Rs.1,00,000/- (Rupees One
Lakh only) with one surety for the likesum to
the satisfaction of the Trial Court.
(iii) The petitioner shall not threaten or
tamper with the prosecution witnesses nor
hamper the proceedings of the Court.
(iv) The petitioner shall appear before the
Trial Court on all hearing dates without fail.
(v) The petitioner shall not indulge in any
criminal cases till disposal of the case.
NC: 2026:KHC:19640
HC-KAR
In case the petitioner violates any of the bail conditions
as stated above, liberty is reserved to the prosecution to file a
necessary application for cancellation of bail.
Sd/-
(S RACHAIAH)
JUDGE
NR/-
List No.: 1 Sl No.: 8
