Sheikh Taheem vs The State
2026 Latest Caselaw 2573 Kant

Citation : 2026 Latest Caselaw 2573 Kant
Judgement Date : 24 March, 2026

[Cites 4, Cited by 0]

Karnataka High Court

Sheikh Taheem vs The State on 24 March, 2026

                                           -1-
                                                       NC: 2026:KHC:16628
                                                   CRL.P No. 1158 of 2026


                 HC-KAR




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 24TH DAY OF MARCH, 2026

                                         BEFORE

                           THE HON'BLE MR. JUSTICE S RACHAIAH

                            CRIMINAL PETITION NO.1158 OF 2026

                                 (439(Cr.PC) / 483(BNSS))

                 BETWEEN:



                 SHEIKH TAHEEM

                 S/O AZEEZ AHAMMED,

                 AGED ABOUT 20 YEARS,

                 R/AT DOOR NO.3-2-39,

                 GF 1, BLUE MOON APARTMENT,
Digitally
signed by        AMBALPADI MAIN ROAD,
SREEDHARAN
BANGALORE
SUSHMA           UDUPI-576013
LAKSHMI
Location: High
Court of                                                    ...PETITIONER
Karnataka
                 (BY MRS. HALEEMA AMEEN, ADVOCATE)


                 AND:


                 THE STATE
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                                            NC: 2026:KHC:16628
                                        CRL.P No. 1158 of 2026


HC-KAR




BY KAVOOR POLICE STATION,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA

BANGALORE-560001

                                                  ...RESPONDENT

(BY MR. RANGASWAMY R., HCGP)


      THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS)

PRAYING   TO     ENLARGE   THE       PETITIONER   ON   BAIL    IN

CR.NO.193/2024 OF KAVOOR POLICE STATION, SPL.CASE

NO.105/2025 REGISTERED FOR OFFENCES P/U/S 8(c), 21(c),

22(c) OF NDPS ACT, PENDING ON THE FILE OF PRL. DISTRICT

AND SESSIONS JUDGE, D.K., DISTRICT MANGALORE.THE

DISTRICT AND SESSIONS JUDGE, D.K., DISTRICT MANGALORE

HAS   REJECTED    THE   BAIL   PETITION    ON     07.07.2025   IN

SPL.C.NO.105/2025.


      THIS CRL.P, 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:16628
                                             CRL.P No. 1158 of 2026


HC-KAR




                         ORAL ORDER

1. The petitioner - accused No.3, is before this Court

seeking for grant of regular bail in Special Case

No.105/2025 pending on the file of learned Principal

District and Sessions Judge, D.K., Mangaluru, arising out

of Crime No.193/2024 filed by respondent / police for

offences under Sections 8(c), 21(c), 22(c) of the Narcotic

Drugs and Psychotropic Substances Act, 1985 (for short

'Act').

Brief facts of the case:

2. The case of the prosecution is that, a complaint came to

be registered by the complainant stating that, when he

was on patrolling duty along with his staff, three persons

were standing near Palguni River. Suspecting them, the

complainant and his staff approached them and enquired

as to why they were standing in the said area. However,

the individuals attempted to escape from the spot using

their respective vehicles, but they were apprehended by

the complainant and his staff. During further enquiry,

the accused disclosed their identities, and upon search of

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their persons, contraband was found in their possession.

The said contraband was thereafter seized in accordance

with the procedure prescribed under the Act. Thereafter,

they were sent to judicial custody. The respondent -

police after registering the case, conducted investigation

and submitted the charge sheet.

3. Heard Mrs. Haleema Ameen, learned counsel for the

petitioner and Mr. Rangaswamy R., learned High Court

Government Pleader for the respondent - State.

4. The submission of the learned counsel for the petitioner is

that, the petitioner is arraigned as accused No.3.

Initially, it is alleged that, 70 grams of MDMA was seized.

However, on sending the said contraband to the Tahsildar

for examination/chemical analysis, it is found that it is

Methamphetamine.

5. It is further submitted that the petitioner is not a habitual

offender. In fact, he has been falsely implicated in this

case. No criminal antecedents are alleged against him

either of similar nature or any other criminal case. The

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petitioner is the earning member of the family. He is the

resident of Ambalapadi, Udupi and he is in judicial

custody since 19.12.2024. Hence, the petitioner may be

enlarged on bail by imposing suitable conditions. He will

abide the conditions imposed by this Court in the event of

his release on bail. Making such submissions, learned

counsel for the petitioner prays to allow the petition.

6. Per contra, learned High Court Government Pleader for

the respondent - State, vehemently submitted that a

huge quantity of Methamphetamine was seized at the

instance of the petitioner. It is a commercial quantity.

Though it appears that the petitioner is the first time

offender, there may be chances of either committing

similar offences or chances of absconding from the case.

Therefore, it is not appropriate to grant him bail. Making

such submissions, learned High Court Government

Pleader prays to reject the petition.

7. Having heard the learned counsel for the respective

parties and perused the averments of the charge sheet, it

would indicate that the complainant and his team were on

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patrolling duty on 18.12.2024 and they found three

persons were standing near Pulguni River. The

complainant and his team enquired them as to why they

were standing near the said river. In the meantime, the

individuals were trying to escape from their clutches. The

complainant and his team apprehended them and on

enquiry, they disclosed their identity and stated that they

were planning to sell the contraband to the public and

hence, they were standing in the said area. On receiving

the said information, a search was conducted in the

presence of the gazetted officer and the contraband was

seized from the respective persons. The petitioner is

arraigned as accused No. 3.

8. It is alleged that, 70 grams of MDMA was seized, it was

sent for chemical analysis and it was found to be 70

grams of Methamphetamine. Though it is a commercial

quantity, the fact remains that, the petitioner is not a

habitual offender. Having considered that no criminal

antecedents are alleged against the present petitioner, it

is appropriate to grant him bail, by imposing suitable

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conditions that would take care of the apprehension of

the prosecution.

9. Hence, I proceed to pass the following:-

ORDER

(i) The Criminal Petition is allowed.

(ii) The petitioner is ordered to be

enlarged on bail in Special Case No.105/2025

pending on the file of learned Principal District

and Sessions Judge, D.K., Mangaluru, arising

out of Crime No.193/2024 filed by respondent /

police for the offences stated supra, on

executing a 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.