Mr Kiran L v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12493 OF 2026 BETWEEN:

MR. KIRAN L S/O.LAZARAS, AGED ABOUT 32 YEARS, R/AT NO.T.C. 6763, MADATHIL VEEDU, AKKULAM ROAD, THURUVIKKAL P.O, THIRUVANANTHAPURAM, STATE OF KERALA - 695 011. …PETITIONER (BY SRI. SHARATH KUMAR SHETTY, ADVOCATE) AND:

STATE OF KARNATAKA REPRESENTED BY THE YESHWANTHPURA POLICE STATION, BANGALORE - 560 022, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA STATE BY. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS CRL.P AND ENLARGE THE

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

PETITIONER/ACCUSED ON REGULAR BAIL U/S 483 OF BNSS, 2023, ARISING OUT OF CR.NO.215/2026 REGISTERED BY YESHWANTHPUA P.S., NOW PENDING BEFORE THE XXXIV ADDL.CITY CIVIL AND SESSIONS FOR THE OFFENCE P/U/S 22(c) OF NDPS ACT, 1985 BY DIRECTING HIS RELEASE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.1 in Crime No.215/2026 registered by Yeshwanthapura Police Station, Bengaluru City for the offence punishable under Section 22(c) of NDPS Act, 1985, is before this Court in this petition filed under Section 483 of BNSS 2023, seeking regular bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.215/2026 was registered by Yeshwanthapura Police Station, Bengaluru City for the aforesaid offence against unknown person, based on the first information dated 24.06.2026 received from Sayilu,

Police Officer attached to Yeshwanthapura Police Station, Bengaluru City. In a raid that was conducted subsequently, the petitioner was apprehended and from his possession, contraband article allegedly MDMA totally weighing 58 grams was recovered and seized under a Panchanama. Subsequently, the petitioner was remanded to judicial custody. His bail application filed before the trial Court in Crl.Misc.No.6670/2026 was rejected on

30.07.2026. Therefore, he is before this Court.

¶4Learned counsel for the petitioner submits that the FSL report of the seized contraband article has not yet been received. The petitioner is in custody for the last nearly three months. There is no sufficient material to connect him to the crime. Accordingly, he prays to allow the petition.

¶5Per contra, learned High Court Government Pleader submits that the seized contraband article has tested positive for a drug known as Methamphetamine.

The petitioner is a person with similar criminal antecedents. Investigation of the case is under progress. Accordingly, he prays to dismiss the petition.

¶6Material on record would go to show that the seized contraband article in the present case totally weighed 58 grams. It is now brought to the notice of this Court by the learned High Court Government Pleader that the seized contraband article has tested positive for a drug known as Methamphetamine. grams of Methamphetamine is considered as commercial quantity under the relevant notification issued under the provisions of NDPS Act. The petitioner is said to be person with criminal antecedents of a similar nature.

¶7It is not the case of the petitioner that the Investigation Officer has not complied with the mandatory requirements of the NDPS Act while seizing the contraband article from his possession. Since the petitioner is a person with similar criminal antecedents and the seized

contraband article is of commercial quantity, the rigor under Section 37(1)(b) of the NDPS Act gets attracted against him. Therefore, at this stage, his bail application cannot be entertained. Accordingly, the criminal petition is dismissed.

Sd/- (S VISHWAJITH SHETTY) JUDGE

SHS List No.: 1 Sl No.: 85