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Karnataka High Court
Davood vs State Of Karnataka By on 11 March, 2026
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NC: 2026:KHC:14572
CRL.P No. 1315 of 2026
HC-KAR
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
Digitally
(BY SRI. K PRASANNA SHETTY., ADVOCATE)
signed by
SREEDHARAN
BANGALORE
SUSHMA AND:
LAKSHMI
Location: High
Court of
Karnataka STATE OF KARNATAKA BY
N R PURA PS,
REPRESENTED BY STATE
PUBLIC PROSECUTOR,
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NC: 2026:KHC:14572
CRL.P No. 1315 of 2026
HC-KAR
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
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NC: 2026:KHC:14572
CRL.P No. 1315 of 2026
HC-KAR
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
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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
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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
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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
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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.
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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
