Syed Junaidh Vs the State by

Digitally signed by AND: PAVITHRA N Location: THE STATE BY High ARASIKERE TOWN POLICE STATION, Court of STATE PUBLIC PROSECUTOR, Karnataka HIGH COURT COMPLEX, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI. M.R. PATIL., HCGP)

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2 - NC: 2026:KHC:19904 CRL.P No. 2787 of 2026

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HC-KAR

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THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT BAIL TO THE PETITIONER AND DIRECT THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT HASSAN TO RELEASE THE PETITIONER ON BAIL IN SPL.C.NO.21/2026 REGISTERED FOR THE OFFENCE P/U/S 20(b), 20(b)(ii)(B), 25, 27(b), 8(c) OF NDPS ACT 1985.

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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 S RACHAIAH

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ORAL ORDER

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This Criminal petition is filed by the petitioner who

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is arrayed as accused No.1 in Crime No.14/2025 filed by the respondent - Police for the offences punishable under Section 20(b), 20(b)(ii)(B), 25, 27(b), 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS) seeking regular bail.

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Factual matrix of the case:

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The case of the prosecution is that on 19.08.2025, when the complainant was on his patrolling duty at

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3 - NC: 2026:KHC:19904 CRL.P No. 2787 of 2026

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HC-KAR

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Arasikere town, he received an information at about 11.00

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a.m. that ganja/contraband was being transported illegally. Immediately, he informed the said fact to the Deputy Superintendent and Deputy Commissioner of Excise and visited the spot with independent witnesses and his staffs. They were waiting near the place where they were informed to stand. A motorcycle was coming from Arasikere-Mysore road. The said motorcycle was intercepted and they found that the pillion rider was carrying ganja in a plastic bag. When it is questioned, the petitioner did not give satisfactory answer. Hence, they seized the said contraband and lodged a complaint. Based on the complaint, the respondent - Police registered a case, conducted investigation and submitted the chargesheet.

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Heard Sri. Anand Ramachandra Dass, learned counsel for the petitioner and Sri. M.R.Patil, learned High Court Government Pleader for respondent.

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4 - NC: 2026:KHC:19904 CRL.P No. 2787 of 2026

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HC-KAR

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Learned counsel for the petitioner submits that

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the petitioner has approached this Court by filing application for regular bail at the crime stage. This is a successive bail application filed after filing the chargesheet. The petitioner is innocent of the alleged offences. He is stated to be the rider of the motorcycle and nothing has been recovered at his instance and he was not aware about the said contraband which was allegedly being carried out by the pillion rider. No criminal antecedents against the petitioner. The petitioner is the resident of a Arasikere Town. He will abide by the conditions to be imposed by this Court in the event of his release on bail. Making such submission learned counsel for the petitioner prays to allow the petition.

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Per contra, the learned High Court Government Pleader for respondent - State vehemently submitted that the petitioner and other five accused persons are there in this case. The petitioner is accused No.1. He was riding the motorcycle and the pillion rider who is the friend of the

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5 - NC: 2026:KHC:19904 CRL.P No. 2787 of 2026

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HC-KAR

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petitioner. Both were carrying the contraband weighing about 5 kg. It is an intermediatary quantity. The offence committed by the petitioner is against the society. Therefore, it is not appropriate to grant him bail. Making such submission learned High Court Government Pleader for respondent - State prays to reject the petition.

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Heard learned counsel for the respective parties and perused the averments of the complaint and the charge-sheet. It appears from the record that the petitioner and pillion rider were carrying the contraband. On receiving the said information by the respondentPolice, they intercepted and seized the contraband from the petitioner and another.

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Be that as it may, it is an admitted fact that the petitioner was riding the motorcycle, whether he has knowledge regarding carrying the contraband or not is a matter of trial. At this juncture, on considering the facts and circumstances of the case, it is appropriate to grant

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6 - NC: 2026:KHC:19904 CRL.P No. 2787 of 2026

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HC-KAR

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bail for the reason that the contraband is an intermidiatary quantity, which is neither punishable with imprisonment for life nor death. Moreover, the petitioner is a first offender.

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Hence, I proceed to pass the following :

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ORDER

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i. The petition is allowed .

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ii. The petitioner is ordered to be enlarged on bail in Crime No.14/2025 filed by the respondent - Police for the offences punishable under Section 20(b), 20(b)(ii)(B), 25, 27(b), 8(c) of NDPS Act, 1985, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety to the like sum of the satisfaction of the Trial Court.

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iii. The petitioner shall not threaten or tamper the prosecution witnesses nor hamper with the proceedings of the Court.

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7 - NC: 2026:KHC:19904 CRL.P No. 2787 of 2026

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HC-KAR

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iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail.

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v. The petitioner shall not indulge in any criminal cases till disposal of the case.

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In case, 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.

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Sd/(S RACHAIAH) JUDGE

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NM

Syed Junaidh v. the State by

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Syed Junaidh v. the State by

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