Mahammed Shameer G @ Sameer @ Chammi, Vs State of Karnataka

THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT PROTECTION OF ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF THEIR ARREST BASING UPON THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT IN CR.NO.146/2024 OF KARKALA TOWN P.S. UDUPI DISTRICT FOR THE OFFENCE P/U/S 8C, 22(b) OF NDPS

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NC: 2025:KHC:2176 CRL.P No. 13733 of 2024

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ACT AND SEC.3(5) OF BNS ACT ON PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE AT UDUPI

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

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the learned counsel for petitioner, learned

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High Court Government Pleader for the State and perused the material on record.

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This petition under Section 482 of BNSS, 2023,

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is preferred to enlarge the petitioner on anticipatory bail in Crime No.146/2024 of Karkala town Police Station, Udupi District, registered for offences punishable under Section 8(c), 22(b) of the NDPS Act, 1985 and Section 3(5) of the BNS, 2023.

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The Karkala town Police, while conducting investigation in Crime No.145/2024 registered for offences punishable under Section 138, 64 read with Section 3(5) of BNS, 2023, arrested the accused by name Altaf on

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25.08.2024. A car bearing Registration

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3 - NC: 2025:KHC:2176 CRL.P No. 13733 of 2024

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No.KA-14/MB-1329 was seized and it was found that a plastic cover containing some drug was concealed in the said car. The said contraband weighing about 3.26 grams valued at Rs.15,000/- was seized.

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In the remand application dated 30.09.2024, accused Nos.1 to 9 are named wherein, the petitioner is arraigned as Accused No.8. According to the prosecution, the accused are involved in dealing with narcotic MDMA.

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The learned Sessions Judge dismissed the petition seeking anticipatory bail filed by the petitioner, observing that I.O. has collected sufficient materials to implicate this petitioner and that accused No.2 in his rented car by traveling about 55 Kms. near an electric pole got narcotic MDMA from accused No.7 and the said narcotic MDMA was handed over to accused No.2.

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Learned High Court Government Pleader has

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contended that the investigation is in progress and petitioner is required for custodial interrogation and

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NC: 2025:KHC:2176 CRL.P No. 13733 of 2024

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therefore, if he is enlarged on bail, he may not cooperate with investigation of the case.

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In the remand application dated 30.09.2024,

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there are no allegation against the petitioner herein, though Accused Nos.1 to 7 were already arrested and interrogated. According to the prosecution, there was communication between the petitioner and accused Nos.7 and 9. Except the same, there are no sufficient material placed on record to deny the relief sought in the petition. Petitioner has no criminal antecedents. He has undertaken to co-operate with the investigation of the case. Hence, by imposing conditions, relief sought by the petitioner can be granted. Accordingly, the following:

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ORDER

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1. Petition is allowed .

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Petitioner/accused No.8 in Crime No.146/2024

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registered by Karkala town Police Station, shall be released on bail in the event of his arrest, subject to following conditions:

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NC: 2025:KHC:2176 CRL.P No. 13733 of 2024

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a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum.

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