- 1 - HC-KAR NC: 2025:KHC:32163 CRL.P No. 11243 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11243 OF 2025 BETWEEN: ASHHAR AHAMED @ JAHID @ ASHHAR AHAMED ABOOBACKER S/O LATE M.B. ABOOBACKER, AGED ABOUT 34 YEARS, R/AT NO. A1-ARFA 8-45/1, KATLA KAAN ROAD IDDYA, SURATHKAL POST, MANGALORE, DAKSHINA KANNADA. PIN: 575 014. …PETITIONER (BY SRI. M. ABDUL SALAM, ADVOCATE FOR SMT. ASHA K., ADVOCATE) AND: THE STATE OF KARNATAKA BYATARAYANAPURA POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE RESPONDENT POLICE I.E., BYATARAYANAPURA POLICE TO RELEASE THE PETITIONER ON Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32163 CRL.P No. 11243 of 2025 BAIL, IN THE EVENT OF HIS ARREST IN CR.NO.187/2025 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 8(c), 20(b) OF NDPS ACT, PENDING ON THE FILE OF THE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES, BENGALURU (CCH-33). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for respondent-State and perused the material on record. 2. Petitioner is seeking pre-arrest bail in a case registered in Cr.No.187/2025 at Bytarayanapura Police Station for offence punishable under Section 8(c) and 20(b) of NDPS Act. 3. The first informant is a Police Constable working in crime division of Byatarayanapura Police Station, Bengaluru City. He lodged the complaint on 14.06.2025, alleging that he received a credible information that some unknown persons are coming near Satellite Bus Stand and - 3 - HC-KAR NC: 2025:KHC:32163 CRL.P No. 11243 of 2025 meeting few boys and giving them a parcel box containing ganja and other contrabands and the said person would be coming near the Satellite Bus Stand at about 3:45 pm on 14.06.2025. 4. Based on the above information, case was registered against unknown persons. On 14.06.2025 at about 4:50 p.m., the complainant along with his staff and panchas went to the spot, i.e., near Satellite Bus Stand, wherein he received further information from the informants that the accused have taken the contraband towards Kannika Apartment in Patel Muniyappa Layout, Hebbal. Accordingly a raid was conducted in house No.32, 4th Cross, 1st Main, Kannika Apartment, wherein accused Nos.1 and 2 i.e., petitioners herein were present. From the said house a cardboard parcel box containing 50 jelly packets weighing about 1440 grams of ganja mixed jelly were seized. 5. It is the case of prosecution that the petitioner was supplying ganja mixed jelly (ganja gummies) to - 4 - HC-KAR NC: 2025:KHC:32163 CRL.P No. 11243 of 2025 accused Nos.1 and 2 and therefore, he is required for custodial interrogation and if he is released on anticipatory bail, he may not co-operate with the investigation of the case. 6. From the material on record, it is seen that petitioner has been arraigned as accused No.3 in the remand application, on the voluntary statement of accused No.1. According to prosecution, accused No.1 confessed that when he went to a party in one pebble Restaurant, he got acquainted with the petitioner, who gave ganja and mobile phone number to him and he used to contact the petitioner, who would provide him the contraband. Further, about 15 days prior, the petitioner sent a bag containing ganja mixed jelly packets which he sold to his friends and received Rs.50,000/- in cash and he had kept the said cash to give to the petitioner. 7. Apart from the voluntary statement of the co-accused, there is no material at this stage to connect the petitioner with the crime. Accused Nos.1 and 2 have - 5 - HC-KAR NC: 2025:KHC:32163 CRL.P No. 11243 of 2025 been granted bail by this Court in Crl.P.No.9543/2025 vide order dated 28.7.2025. No criminal antecedents against the petitioner has been brought to the notice of the Court. Petitioner has undertaken to furnish sufficient surety to ensure his presence before the Court and to co-operate with the investigation of the case. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused No.3 in Crime No. CR.NO.187/2025 registered at Byatarayanapura Police Station, shall be released in the event of his arrest, subject to following conditions: a) He 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.2,00,000/- (Rupees two lakhs only) with two sureties for the likesum. - 6 - HC-KAR NC: 2025:KHC:32163 CRL.P No. 11243 of 2025 b) He shall furnish his residential address and shall inform the I.O. in case of change in the address. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 45