Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:18373 CRL.P No. 6156 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 6156 OF 2025 (438(Cr.PC) / 482(BNSS) BETWEEN:
MR. AKBAR SHARIF, S/O MANZOOR AHMED SHARIF, AGED ABOUT 36 YEARS, R/AT NO.10, 3RD CROSS, IST MAIN ROAD, SHAMANNA GARDEN, BANGALORE - 560 026. …PETITIONER (BY SRI.HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. KARIAPPA N.A., ADVOCATE)
AND:
STATE OF KARNATAKA BY BYATARAYANPURA POLICE STATION, BANGALORE-560027.
(REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560001). …RESPONDENT (BY SMT.WAHEEDA.M.M., HCGP FOR RESPONDENT)
THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL IN CRIME NO.332/2024 OF BYATRAYANPURA POLICE STATION, PENDING
Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka
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NC: 2025:KHC:18373 CRL.P No. 6156 of 2025
ON THE FILE OF XXXIII ACC AND SJ AND SPL. JUDGE, BENGALURU CITY, FOR OFFENCE PUNISHABLE UNDER SECTION 20(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
ORAL ORDER This petition is filed by the accused No.4 seeking for anticipatory bail in Crime No.332/2024, registered by the Byatarayanapura Police Station for the offences punishable under Section 20(b) of NDPS ACT.
2. It is the case of the prosecution that the petitioner being a son of accused No.3-Mehrunnissa, is stated to be involved in selling the contraband. Therefore the respondent police are in the process of finding out his whereabouts to arrest and remand him into judicial custody. Therefore, the petitioner had approached this court seeking anticipatory bail.
3. Heard Sri.Hashmath Pasha, learned Senior Advocate for Sri.Kariappa, learned counsel for the
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NC: 2025:KHC:18373 CRL.P No. 6156 of 2025
petitioner and Smt.Waheeda.M.M., learned High Court Government Pleader for the respondent/State.
4. It is the submission of the learned counsel for the petitioner that the respondent police have apprehended accused Nos.3, 5 and 7, and they have been interrogated and later on released. The name of this petitioner finds a place in the remand application after the arrest of accused No.3.
5. It is further submitted that though the petitioner has been arrayed as accused No.4, he is residing separately from other accused. He is not involved in any other cases. He is the earning member of the family, and he is living along with his wife and children. Therefore, he may be enlarged on bail by imposing certain suitable conditions.
6. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and she prays to dismiss the petition.
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NC: 2025:KHC:18373 CRL.P No. 6156 of 2025
7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it can be seen in the FIR that none of the names found in the column that is required to mention the name of the accused. No doubt the name of the petitioner finds a place in the remand application.
8. The learned HCGP has submitted that the petitioner is not involved in any other offenses of a similar in nature or in other words, there are no antecedents were found. Having considered the submissions and also perused the averments of the remand application, it is appropriate to grant him bail by imposing suitable conditions.
9. Hence, I proceed to pass the following:
ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.332/2024, registered by
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NC: 2025:KHC:18373 CRL.P No. 6156 of 2025
respondent police for the offences punishable under Sections 20(b) of NDPS Act, pending on the file of XXXIII ACC and SJ and SPL. Judge, Bengaluru City, subject to the following conditions: (i) The petitioner 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 jurisdiction police. (ii) The petitioner shall appear before the respondent police within one month from today to execute the bond and also the surety. (iii) The petitioner shall appear before the respondent police on fortnightly Saturday between 10.00 a.m to 2.00 p.m and he has to affix his signature till filing of the charge sheet.
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NC: 2025:KHC:18373 CRL.P No. 6156 of 2025
(iv) The petitioner shall not threaten or tamper the prosecution witnesses. (v) The petitioner shall not commit similar offences till disposal of the case. (vi) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vii) The Registry is directed to communicate this
order to the jurisdictional Police Station forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.
SD/- (S RACHAIAH) JUDGE
SRK List No.: 1 Sl No.: 39