Karnataka High Court
CRL.P/3438/2026 of MOHAMMED SAIF @ SAIF Vs STATE OF KARNATAKA on 9 April 2026
NC: 2026:KHC:19640 CRL.P No. 3438 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3438 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: MOHAMMED SAIF @ SAIF S/O. SULAIMAN IBRAHIM, AGED ABOUT 22
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 3438 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
MOHAMMED SAIF @ SAIF
S/O. SULAIMAN IBRAHIM,
AGED ABOUT 22 YEARS,
R/AT.NO.60, 2ND FLOOR, 3RD CROSS,
NEAR KARNATAKA MEDICAL,
CHAMUNDINAGAR, R.T NAGAR,
BENGALURU – 560 032
…PETITIONER
(BY SRI. LOKESH A.,ADVOCATE)
AND:
STATE OF KARNATAKA
BY HEBBALA PS
Digitally
signed by
PAVITHRA
N
Location:
High
Court of
Karnataka
HC-KAR
REPRESENTED THROUGH
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001
…RESPONDENT
(BY Ms. ASMA KOUSER., ADDL. SPP)
----
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO GRANT BAIL TO
THE PETITIONER WHO IS ARRAYED AS ACCUSED NO.3 IN
CRIME NO.15/2026 REGISTERED BY THE RESPONDENT HEBBAL
POLICE NOW PENDING ON THE FILE OF THE XXXIV ADDL. CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS)
(CCH-35) BENGALURU FOR THE OFFENCES P/U/S 22(b) OF
NDPS ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
HC-KAR
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ORAL ORDER
The petitioner/accused No.3 is before this Court seeking grant of regular bail in Crime No.15/2026 of the respondent police for the offence under Section 22(b) of Narcotic Drugs and Psychotropic Substances Act, 1985. Brief facts of the case:
2. The case of the prosecution is that the Assistant Sub-Inspector of Police had lodged a complaint stating that on 20.01.2026, around 02.15 pm, when he was on patrolling duty, he received an information that three persons were selling MDMA substances in their two-wheelers to the public and youth near Vinayaka Agroseeds, V.Nagenahalli Main Road. On receiving the said information, the complainant and his staff went to the spot and observed that these three persons were selling contraband. Immediately, they apprehended them, conducted a search and seized the contraband. They registered the case and conducted the investigation. The investigation is in progress.
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3. Heard Sri. Lokesh A., learned counsel for the petitioner, and Ms Asma Kouser, learned Additional State Public Prosecutor for the respondent-State.
4. It is the submission of learned counsel for the petitioner that the petitioner is arraigned as accused No.3. It is alleged that 3 grams of MDMA has been seized at his instance. However, the said substance, whether it is MDMA or not, has not been concluded or determined by way of getting the report from the FSL. The allegations are baseless and false. In fact, he was not present at the spot. The petitioner has been falsely implicated in this case, and there are no criminal antecedents against the petitioner. Petitioner is aged about 22 years and a resident of R.T.Nagar, Bengaluru, and he is the earning member of the family. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such a submission, the learned Counsel for the petitioner prays to allow the petition.
5. Per contra, learned Additional State Public Prosecutor for the respondent State vehemently submitted that a total of 21 grams of MDMA has been seized from the accused,
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which is a commercial quantity. The petitioner is arraigned as accused No.3, and he is also one of the associates of the said group. 3 grams of MDMA has been seized from the petitioner. If the petitioner is enlarged on bail, there may be chances of committing similar offences. Therefore, it is not appropriate to grant him bail. Making such a submission, the learned High Court Government Pleader prays to reject the petition.
6. Heard learned counsel for the respective parties and perused the averments of the complaint and also the remand application filed along with the petition. It appears that the petitioner is arraigned as accused No.3. In all 21 grams of MDMA was seized in this case. However, as per the specific overt act of the petitioner is that only 3 grams of MDMA has been seized from him.
7. Be that as it may. The petitioner has no antecedents. Having considered the age and also that he had no antecedents, it is appropriate to grant him bail by imposing suitable conditions that would take care of the prosecution.
8. Hence, I proceed to pass the following:
HC-KAR
ORDER
(i) The petition is allowed.
(ii) The petitioner is ordered to be enlarged on bail in Crime No.15/2026 of respondent-police for the offence under Section 22(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 on executing 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.
(iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court.
(iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.
(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 a necessary application for cancellation of bail.
Sd/- (S RACHAIAH) JUDGE
NR/- List No.: 1 Sl No.: 8