- 1 - HC-KAR NC: 2025:KHC:22632 CRL.P No. 5991 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.5991 OF 2025 BETWEEN: MR AKBAR SHARIF S/O MANZOOR AHMED SHARIF, AGED ABOUT 36 YEARS, R/AT NO.10, 3RD CROSS, 1ST MAIN ROAD, SHAMANNA GARDEN, BANGALORE - 560 026. …PETITIONER (BY SRI KARIAPPA N A, ADVOCATE) AND: STATE OF KARNATAKA BY BYATARAYANPURA POLICE STATION, BANGALORE-560 027 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE – 560 001). …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL IN CR.No.333/2024 OF BYATARAYANAPURA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 8(C), 20(b) OF NDPS ACT WITH A DIRECTION TO RELEASE HIM ON BAIL IN THE EVENT OF ARREST Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22632 CRL.P No. 5991 of 2025 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.4 in Cr.No.333/2024 registered by Byatarayanapura police Station, Bengaluru for the offence punishable under Section 20 (b) of Narcotic Drugs and Psychotropic Substances (for short ‘NDPS’) Act is before this Court in this petition filed under Section 482 of Bharatiya Nyaya Suraksha Sanhita (for short ‘BNS’), 2023, seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Cr.No.333/2024 was registered by the Byatarayanapura police station, Bengaluru for the aforesaid offence against unknown persons based on credible information received by first informant about sale of contraband article by a person aged about 30 to 35 years within the jurisdiction of Byatarayanapura police station 4. In the raid that was conducted to the alleged spot subsequently, accused No.1 Chand Pasha was arrested and - 3 - HC-KAR NC: 2025:KHC:22632 CRL.P No. 5991 of 2025 from his possession 550 grams of contraband article allegedly Ganja was seized. 5. Based on his confession statement, subsequently, contraband article allegedly Ganja totally weighing 28 kgs., 120 grams was seized from his house and these contraband articles were subjected to panchanama. Subsequently, accused No.1 was produced before the Court and remanded to judicial custody. 6. It appears that accused No.1 had made a statement that accused 2 to 5 had allegedly kept the aforesaid quantity of Ganja in his house with instructions to sell the same. It is under these circumstances, accused Nos.2 to 5 were also subsequently arrayed as accused in the present case. 7. Apprehending arrest, petitioner had filed Crl.Misc.No.2518/2025 which was rejected by the jurisdictional Sessions Court. Therefore, he is before this Court. 8. Perusal of the material on record would go to show that after registering the First Information Report in the present case, accused No.1 was arrested from the spot where he was allegedly making attempt to sell contraband article and from his possession 550 grams of contraband article allegedly Ganja was - 4 - HC-KAR NC: 2025:KHC:22632 CRL.P No. 5991 of 2025 seized. Thereafter based on his confession statement, raid was conducted to his house and from his house, contraband article allegedly Ganja totally weighing 28 Kgs., 120 grams was recovered and accused No.1 allegedly had stated that the said quantity of Ganja which was recovered from his house was kept by accused No.2 to 5 in his house with instructions to sell the same. It is only based on the confessions statement of accused No.1, the police have arrayed the other accused persons as accused Nos.2 to 5 in the present case. 9. During the course of investigation, accused Nos.2, 3 and 5 who are the mother and brothers of the petitioner herein were arrested and undisputedly from their possession, no incriminatory material has been recovered. 10. Investigation of the case is completed and charge sheet is also filed. It appears that a similar case was registered in Cr.No.332/2024 by the very same police station against the petitioner and his family members and in the said case the coordinate bench of this Court has granted anticipatory bail to the petitioner in Crl.P.No.6156/2025 disposed of on 20.05.2025. - 5 - HC-KAR NC: 2025:KHC:22632 CRL.P No. 5991 of 2025 11. Under the circumstances, I do not find any good ground to deny the prayer made by the petitioner for grant of anticipatory bail. 12. Accordingly, the following: ORDER (i) The criminal petition is allowed. (ii) 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.333/2024 registered by Byatarayanapura police station for the offence punishable under Section 20 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions: (a) The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. - 6 - HC-KAR NC: 2025:KHC:22632 CRL.P No. 5991 of 2025 (b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (c) Petitioner shall not tamper with the prosecution witness and they shall co- operate with the police for investigation and appear before them whenever called upon. (d) Petitioner shall appear before the Station House Officer of Byatarayanapura police station, Bengaluru on every first Sunday of the month between 10.00 a.m., and 1.00 p.m., and mark his attendance for a period of six months. (e) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE MR