- 1 - NC: 2025:KHC:3217 CRL.P No. 556 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 556 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MR. NAYEEM @ NAYEEM AHMED S/O NISAR AHMED, AGED ABOUT 33 YEARS, R/O NO. 169, ELECTRONIC CITY MAIN ROAD, BETTADASANAPURA, BENGALURU-560 068. 2. MRS. ANJUM BANU, W/O NAYEEM AHMED, AGED ABOUT 28 YEARS, R/O NO. 169, ELECTRONIC CITY MAIN ROAD, BETTADASANAPURA, BENGALURU-560 068. …PETITIONERS (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: STATE OF KARNATAKA THROUGH THE OFFICE OF STATION HOUSE OFFICER, ELECTRONIC CITY POLICE STATION, BENGALURU-560 100 REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3217 CRL.P No. 556 of 2025 HIGH COURT OF KARNATAKA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT TO ENLARGE THE PETITIONERS HEREIN ON BAIL IN THE EVENT OF THEIR ARREST IN RESPECT OF MATTER BEARING FIR/ CRIME NO.504/2024 REGISTERED WITH THE ELECTRONIC CITY POLICE STATION IN RESPECT OF OFFENCE UNDER SECTION 109, 115(2), 118(1), 351(2), 351(3), 352 R/W 3(5) OF BNS R/W SECTION 20(B), 27(B) OF NARCOTIC DRUG AND PSYCHOTROPIC SUBSTANCES ACT PENDING ON THE FILE OF CHIEF JUDICIAL MAGISTRATE (CJM), BENGALURU RURAL DIST., BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking anticipatory bail in a case registered in Cr.No.504/2024 of Electronic City Police Station, Bengaluru City, for offences punishable under Section 109, 115(2), 118(1), 351(2), 351(3) and 352 r/w 3(5) of BNS, 2023. 2. A perusal of the complaint lodged by one Siraj Saa would reveal that he used to consume ganja along - 3 - NC: 2025:KHC:3217 CRL.P No. 556 of 2025 with accused Nos.1 and 2 and the accused were forcing him to sell ganja for which he had refused. Hence, both the accused abused and assaulted him on his head with a wooden club and caused injuries to him. 3. Accused Nos.1 and 2 were arrested on 12.11.2024 and their voluntary statements were recorded wherein they alleged to have confessed that they used to purchase ganja from accused No.3. From accused No.1, 2 kg 260 gms. ganja was seized. Accused No.3 was arrested on 26.11.2024 and 1 kg 230 gms. of ganja was seized from him. 4. It is the case of prosecution that these petitioners, arraigned as accused Nos.4 and 5 in the remand application were supplying ganja to accused No.3. Learned High Court Government Pleader has contended that petitioners are required for custodial interrogation as there are serious allegations against them and there is transaction between accused No.3 and these petitioners. - 4 - NC: 2025:KHC:3217 CRL.P No. 556 of 2025 5. Initially, crime was registered for offences punishable under Section 109, 115(2), 118(1), 351(2), 351(3) and 352 r/w 3(5) of BNS, 2023. Petitioners are not named as accused in the FIR. According to prosecution, during interrogation, involvement of the accused in dealing with ganja came to light. However, except the voluntary statement of the co-accused, there are no other materials at this stage to deny the relief sought by the petitioners. Petitioners have no criminal antecedents. They are permanent residents of Bengaluru and have undertaken to cooperate with the investigation of the case. The allegations are based on suspicion and on the confession made by the co-accused. Hence, by imposing necessary conditions, relief sought by the petitioners can be granted. Accordingly, the following: ORDER 1. Petition is allowed. 2. Petitioners/accused Nos.4 and 5 in Cr.No.504/2024 of Electronic City Police Station, - 5 - NC: 2025:KHC:3217 CRL.P No. 556 of 2025 Bengaluru City, shall be released in the event of their arrest, subject to following conditions: a) They 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.1,00,000/- (Rupees One Lakh only) each, with two sureties for the likesum. b) They shall furnish their residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) They shall cooperate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL / List No.: 1 Sl No.: 44