- 1 - HC-KAR NC: 2025:KHC:38859 CRL.P No. 11781 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11781 OF 2025 BETWEEN: 1. IMRAN PASHA S/O SHAFIQ PASHA AGED ABOUT 23 YEARS, R/O NEAR ABDUL REHMAN MOSQUE 5TH CROSS, INDIRA GANDHI ROAD, SHANTHINAGAR, MYSURU-570 001 2. AKBAR PASHA @ MUBARAK S/O NAWAB JABBI ULLA AGED ABOUT 38 YEARS, R/O VAIKKADALU VILLAGE AND POST NELLANURU TALUK MALLAPURAM DIST KERALA STATE-676504 NATIVE PLACE 4TH CROSS, EDGA MOHALLA FACTORY BEEDI INFRONT OF NAGATHAMMA SCHOOL ROAD GUNDLUPETE TOWN CHAMARAJANAGARA DIST-571 111 …PETITIONERS (BY SRI. SYED AKBAR PASHA, ADVOCATE) AND: STATE OF KARNATAKA BY MANDI POLICE STATION MYSURU Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38859 CRL.P No. 11781 of 2025 R/P BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 …RESPONDENT (BY SRI. R RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL IN CR.NO.145/2024 IN SPL.C.NO.19/2025 REGISTERED BY THE RESPONDENT NARSIMHARAJA P.S., FOR THE OFFENCES P/U/S 20(B)(II)(B) OF NDPS ACT, 1985, PENDING ON THE FILE OF LEARNED VII DISTRICT AND SESSIONS COURT, MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners/Accused Nos.1 and 2 in Crime No.145/2024 of Narasimharaja Police Station, Mysuru City, registered for the offence punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985, were initially granted bail by the Sessions Court on 11.11.2024. As they remained absent before the Court on 23.05.2025, the Trial Court issued NBW and notice to the surety. In response to the notice, one of the sureties by name Ningappa S/o late Hallegowda - 3 - HC-KAR NC: 2025:KHC:38859 CRL.P No. 11781 of 2025 appeared before the Court and submitted that he had not stood surety for the accused. Hence, the accused were taken into custody on 07.07.2025. 2. The learned Sessions Judge has rejected the bail petition on the ground that the accused have not only violated the bail conditions but they have furnished a fake surety and therefore, they are not entitled for bail and if bail is granted, it would send a wrong message to the public at large. 3. Learned HCGP has contended that both the accused have criminal antecedents and they are involved in similar type of offences, hence, he contended if they are granted bail, they may once again flee from justice and indulge in similar activities. 4. The material on record reveals that the accused were granted bail subjected to the condition of executing a personal bond for Rs.1,00,000/- each, with two local sureties for the like sum. Two sureties were furnished, by name Mahadevaswamy S/o Puttaswamy and Ningappa - 4 - HC-KAR NC: 2025:KHC:38859 CRL.P No. 11781 of 2025 S/o late Hallegowda, accepted by the Principal District and Sessions Judge, Mysuru. Thereafter, on 28.11.2024, the case was transferred to the Court of VII Additional District and Sessions Judge at Mysuru. Thereafter, both the accused appeared before the Court, but on 23.05.2025, they remained absent. Hence, NBW was issued to accused No.1 and notice was issued to the sureties. 5. It is alleged that one of the surety holder by name Ningappa S/o late Hallegowda has submitted to the Court that he has not offered surety to accused No.1, hence, both the accused were remanded in judicial custody. 6. Learned counsel for the petitioners submits that both the accused were in custody and therefore, furnishing of fake surety was not within their knowledge. He further submitted that the petitioners will undertake to furnish fresh solvent sureties. 7. It is alleged that one of the two sureties offered by the accused turned out to be fake. The accused are in - 5 - HC-KAR NC: 2025:KHC:38859 CRL.P No. 11781 of 2025 custody since 07.07.2025. As there is no material at this stage to show that the fake surety was furnished with the knowledge of the petitioners, this Court is of the view that, by imposing necessary conditions, the relief sought in the petition can be granted. Hence, the following:- ORDER The petition is allowed. Petitioners/accused Nos.1 and 2 in Special Case No.19/2025 pending before the VII Additional District and Sessions Judge at Mysuru (Crime No.145/2024 of Narasimharaja Police station, Mysuru City) are directed to be released on bail subject to the following conditions: 1. They shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each, with two sureties, out of which one shall be a solvent/local surety, to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:38859 CRL.P No. 11781 of 2025 2. They shall furnish proof of their residential address and inform the Investigation Officer if there is change in address. 3. They shall not indulge themselves in committing any offence. 4. They shall not tamper with the prosecution witnesses either directly or indirectly. 5. They shall appear before the Trial Court on every date of hearing. If any of the above conditions is violated, the prosecution is at liberty to seek cancellation of the bail. Sd/- (MOHAMMAD NAWAZ) JUDGE SMC List No.: 1 Sl No.: 21