- 1 - HC-KAR NC: 2025:KHC:49152 CRL.P No. 13899 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13899 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: MR. MOHIT KUMAR MAHITO @ MOHIT H, S/O. HARINDAR MAHITO, AGED ABOUT 28 YEARS, R/A. NO.19, WARD NO.5, JANKI MANDIR, RAMPURA NONIYA TOLA, RAMPURA, DHARBANGA, BIHAR - 847 106. PRESENTLY RESIDING AT: NO.2, 1ST CROSS, 1ST MAIN, LAKKASANDRA, NEAR AKKAMMA DEVI TEMPLE, BENGALURU SOUTH - 560 030. …PETITIONER (BY SRI. ARPITH R. REDDY & SRI. MANJUNATHA B.B., ADVOCATES FOR SRI. SUBBA REDDY K.N., ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY SUB-INSPECTOR OF POLICE, BYATARAYANAPURA POLICE STATION, BENGALURU CITY, KARNATAKA REP. BY SPP HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49152 CRL.P No. 13899 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN FIR NO.274/2025 BY THE RESPONDENT POLICE FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 20(b) OF NDPS ACT, 1985 PENDING BEFORE THE XLVI ADDTIIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU ON OR THEIR APPEARANCE BEFORE THE COURT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.274/2025 of Byatarayanapura Police Station, registered for offence punishable under Section 20(b) of NDPS Act. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. - 3 - HC-KAR NC: 2025:KHC:49152 CRL.P No. 13899 of 2025 3. Learned counsel for petitioner would contend that, the petitioner was not on the spot when accused No.1 came to be arrested who was possessing 375 grams of ganja. Accused No.1 in his voluntary statement has taken the name of this petitioner as a person who was supplying ganja to him. Accused No.1 has also been granted bail. The Special Court has rejected the anticipatory bail petition on the ground that, relying on a decision of ANARUL S.K. Vs. THE STATE OF WEST BENCH in SPECIAL LEAVE TO APPEAL (CRL.) NO.12621/2024 dated 19.09.2024. He submits that, that was order at the time of issuing notice. Subsequently, the said petition has been allowed and the petitioner has been granted anticipatory bail. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, 375 grams of ganja has been seized from the possession of accused No.1 and accused No.1 in his voluntary statement has - 4 - HC-KAR NC: 2025:KHC:49152 CRL.P No. 13899 of 2025 stated that, accused No.2 is supplying ganja to him for sale. The FSL report indicates that, the contraband seized is positive for ganja. The petitioner is required for interrogation. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. As per the case of prosecution, on raid being conducted, accused No.1 was found possessing 375 grams of ganja and the same had been seized. In the voluntary statement of accused No.1 has revealed the name of this petitioner as a person who was supplying ganja to him for sale. The petitioner was not present on the spot at the time of raid. Only his name has been disclosed by accused No.1 in his voluntary statement. No contraband has been seized from the possession of this petitioner. The contraband seized from possession of accused No.1 is a - 5 - HC-KAR NC: 2025:KHC:49152 CRL.P No. 13899 of 2025 small quantity. The petitioner has undertaken to cooperate with the Police in the investigation. There are no criminal antecedents of the petitioner. 7. Considering all the above aspects, the petitioner is entitled for grant of anticipatory bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.274/2025 of Byatarayanapura Police Station and is ordered to be released on bail in the event his arrest, subject to 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 like-sum to the satisfaction of the Investigating Officer. ii) The petitioner shall voluntarily appear before the Investigating Officer within 15 - 6 - HC-KAR NC: 2025:KHC:49152 CRL.P No. 13899 of 2025 days from this day and execute bail bond and furnish surety. iii) The petitioner shall cooperate with the Investigating Officer in investigation. iv) The petitioner shall appear before the Investigating Officer whenever called for. v) The petitioner shall furnish his document containing his address proof. The petitioner shall intimate the trial Court if there is any change in his address. vi) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the trial Court. vii) The petitioner shall not involve in commission of any offence. If the petitioner found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. viii) The petitioner shall not directly or indirectly make any inducement or threat or promise to any person acquainted with the facts of - 7 - HC-KAR NC: 2025:KHC:49152 CRL.P No. 13899 of 2025 the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 15