- 1 - NC: 2025:KHC:17538 CRL.P No. 5295 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5295 OF 2025 BETWEEN: HANOOF B.H S/O HANEEF B.M AGED ABOUT 28 YEARS R/AT AYSHA MANZIL BANGARAKUNNU ADKATHBAIL, KASARAGOD KERALA - 671 121. …PETITIONER (BY SRI SOMASHEKARA K.M, ADV.) AND: THE STATE OF KARNATAKA BY MADIKERI TOWN POLICE STATION KODAGU DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.101/2024 OF THE RESPONDENT POLICE/MADIKERI TOWN POLICE, FOR THE OFFENCE P/US/ 20,21,20(b)(ii)(B) AND 23 OF NDPS ACT 1985 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KODAGU MADIKERI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17538 CRL.P No. 5295 of 2025 ORAL ORDER Accused No.8 in Crime No.101/2024 registered by Madikeri Town Police Station, Kodagu District for the offences punishable under Sections 20, 21 & 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.101/2024 registered by Madikeri Town Police Station, Kodagu District initially for the offences punishable under Sections 20 & 21 of the NDPS Act against four to five unknown persons, on the basis of first information dated 27.09.2024 received from Sri Mahesh Kumar S, Police Sub Inspector attached to Madikeri Town Police Station. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.54/2025 which was rejected on 14.02.2025. 4. Learned counsel for the petitioner submits that the petitioner is an youngster aged about 28 years and he is not involved in any similar criminal case. Accused Nos.1 to 6 were arrested in the present case and seizure of contraband article is from the possession of accused Nos.1 to 5. Accused Nos.1 and - 3 - NC: 2025:KHC:17538 CRL.P No. 5295 of 2025 2 have been granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.388/2024 disposed of on 25.10.2024. Accused no.10 has been granted anticipatory bail by this court in Crl.P. No. 4745/2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 6. Based on the credible information received by the first informant on 27.09.2024, FIR was registered in Crime No.101/2024 against four to five unknown persons. During the course of investigation, the police had arrested six accused persons and from possession of accused Nos.1 to 5 contraband article allegedly hydro ganja totally weighing 3.215 kg was recovered and seized under mahazar. 7. It appears that, based on confession statement of co- accused, who were arrested, petitioner herein is arraigned as accused No.8 in the present case. Accused Nos.1 to 2 from whose possession, contraband article has been seized have been granted regular bail by the very same sessions Judge in - 4 - NC: 2025:KHC:17538 CRL.P No. 5295 of 2025 Crl.Misc.No.388/2024 disposed of on 25.10.2024, even before charge sheet was filed. 8. Undisputedly, the petitioner is not involved in any criminal case registered under the provisions of NDPS Act. He has undertaken to cooperate with the Investigation Officer for the purpose of investigation. He is an youngster, aged about 28 years. Except the confession statement of co-accused, who are arrested, there is no other material to connect the petitioner to alleged crime. Under these circumstances, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.101/2024 registered by Madikeri Town Police Station, Kodagu District for the offences punishable under Sections 20, 21 & 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions: - 5 - NC: 2025:KHC:17538 CRL.P No. 5295 of 2025 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer. 2. The petitioner shall mark his attendance on first Sunday of every month, between 10.00 a.m, and 1.00 p.m, till investigation is completed / final report is filed. 3. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 4. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. 5. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK